bull United States Department of the Interior

BUREAU OF LAND MANAGEMENT MEDFORD DISTRICT OFFICE

3040 BIDDLE ROAD MEDFORD OREGON 97504

SOUTH DEER LANDSCAPE MANAGEMENT PROJECT

DECISION RECORD I RATIONALE I FONSI (September 2005)

I INTRODUCTION

The BLMs interdisciplinary planning team has designed the South Deer Landscape Management Project based on current resource conditions in the project area and to meet the objectives and direction of the Medford District Resource Management Plan (RMP) and the Northwest Forest Plan The proposals presented and evaluated in the South Deer Landscape Management Projects Environmental Assessment (EA) reflect what the planning team believes to be the best balance of resource conditions resource potential and competing management objectives Specific responses to comments not found in this document are a part of the administrative record

This Decision Record addresses only a portion of the project area and proposals presented and analyzed in the EA The RMP requires a management assessment for each late-successional reserve (LSR) before habitat manipulation activities are designed and implemented (RMP p 32) Additionally LSR assessments require review by the Regional Ecosystem Office (REO) to assure that planned activities are neutral or beneficial to the creation and maintenance of lateshysuccessional habitat (RMP p 33) Therefore decisions regarding proposed treatments within the 100-acre spotted owl cores (unmapped LSRs) will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas will be made in the future and documented in a separate Decision Record(s)

The Deer Creek fire which started on August 25 2005 and burned approximately 1548 acres of private Josephine County and BLM lands is in the same watershed as the South Deer Landscape Management Project The fire was evaluated in light of the proposed actions in the South Deer project to determine if the effects of the fire would add cumulatively to the effects analyzed in the South Deer project and necessitate modification of proposed actions The Deer Creek Fire burned approximately 266 acres ofBLM lands at varying severities in Township 38S Range 7W Sections 5 and 7 and the southwest comer of Township 37S Range 7W Section 33

Prior to the fire BLM completed fuels hazard reduction work (hand pile and bum) on

South Deer LMP Decision Record I FONSI September 1 2005

bull bull approximately 97acres in section 7 Although hand piling and pile burning was completed follow up underbuming did not occur because the timber sale portion of this project (Deer Mom) had not been completed Underbuming was planned for the purpose of decreasing the accumulation of ground fuels While bum severity mapping is not complete estimates of mortality and fire severity have been compiled by BLM fire resource specialists Although no crown fire occurred in the treated stands they experienced an estimated 70 mortality because of convective and radiant heat from the fire column Neighboring untreated stands experienced a high severity crown fire and near 100 mortality Completed fuel hazard reduction treatments also allowed dozers and retardant drops to be effective in direct attack of the fire on its western flank on BLM lands

The 1548 acres in the fire represents 21 of the watershed which with 100 mortality would either remain as early seral or be converted to early seral vegetation (actual mortality is less) Some vegetation was early seral prior to the fire (ie 150- 200 acres was meadows and other areas were early seral forest or shrub habitat) The 266 acres on BLM lands represents 04 of BLM ownership in the watershed

The South Deer project located on the opposite side of the Deer Creek drainage from the fire is topographically isolated from the fire area Analysis in the EA concluded there would be no measurable or detectable effect to water quality or channel conditions from implementation of alternative 2 or 3 and an improving trend in hydrologic processes and riparian function would continue (EA p 45 and 46) the fire would not add cumulatively to the hydrologic effects of the South Deer project

Approximately 70 acres of suitable spotted owl habitat on BLM lands burned at varying severities in two isolated blocks Emergency consultation with the U S Fish and Wildlife Service was initiated and the effects of the fire will be incorporated into the environmental baseline for spotted owls Effects of suppression activities have been determined to be may affect not likely to adversely affect The fire did not bum into any known spotted owl activity centers (KSOAC) and is unlikely to have negatively impacted individual owls and is unlikely to have a negative impact on the species The nearest known KSOAC is approximately Y2 mile from the northern perimeter of the fire

No additional cumulative effects were identified for botanical resources fisheries fire vegetation or recreation

II BACKGROUND

Planning work for this project began in March 2004 with a scoping letter sent to over a hundred adjacent landowners and other interested individuals and organizations BLM planners and specialists began an assertive effort to listen to the public beginning with an open house meeting in Selma Oregon on April 7 2004 At that meeting resource specialists presented background information and data describing the affected environment within the Deer Creek watershed From the onset the scope of the project was intended to include a comprehensive evaluation of conditions on BLM lands in the project area to address the full range of conditions and

2South Deer LMP Decision Record I FONSI September I 2005

bull bull opportunities that were found and to design a multi-faceted project that addressed the range of resources The result is a project that includes a broad suite of recreation work road work that corrects problems and provides for a range of resource management needs wildlife habitat restoration forest stand restoration and resource and property protection work through fuel reductions It provides commercial and non-commercial outputs as directed by the Bureaus strategic plan and the Medford Districts Resource Management Plan (RMP)

The South Deer EA presented and analyzed three action alternatives Two alternatives (Alternatives 2 amp 3) presented and evaluated in the EA reflect what the planning team determined to be the best balance and integration of resource conditions resource potential and competing management objectives Specifically BLMs interdisciplinary planning team designed the South Deer Forest Management Project based on (a) current resource conditions in the project area (b) meeting the objectives and direction of the Medford District Resource Management Plan (RMP) and the Northwest Forest Plan and (c) community interest and involvement The third action alternative was developed by a community group (see below)

The public involvement process utilized a variety of approaches including letters community meetings field trips tours of sites within the project area and discussions with groups and residents of the Illinois Valley and in particular Deer Creek From this involvement there appeared to be broad consensus on issues and goals a) recognition that many vegetation stands present a wildfire hazard b) recreation and tourism is in high demand and is expected to increase c) a need to restore healthy forest ecosystems d) a desire to provide job opportunities for local valley residents

While there was some general agreement on some or most of the goals and objectives there was a lack of agreement on how to achieve those objectives BLMs planning team integrated many concerns into the development of Alternative 2 and 3 including consideration ofwildlife habitat ecosystem health water quality recreation and infrastructure improvement Additionally to respond to public interest of public land management BLM included a third action alternative prepared by local citizens

The third action alternative Alternative 4 was prepared by the Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) During the public involvement process prior to project development local citizens through the DCVNRCA requested their alternative be considered in the South Deer EA In September of 2004 BLM and the DCVNRA signed a memorandum of understanding (MOU) to ensure that the cooperating parties work effectively and efficiently by

bull Establishing the needs and constraints of each party bull Providing the purpose and need standards and guidelines policies and practices that

ensure consistency with the National Environmental Policy Act (NEPA) and the Medford District Resource Management Plan

bull Identifying and clarifying DCVNRCA and BLMs roles and responsibilities for development of an alternative

The MOU set into motion a collaborative process occurring over seven months Collectively

3South Deer LMP Decision Record I FONSI September 1 2005

bull bull BLM spent 350 hours in meetings and field trips to assist discuss revise and comprehend DCVNRCAs alternative Additionally over 50 phone conversations provided clarification and coordination through the process Likewise DCVNRCA spent many hours with BLM providing via literature and field tours details and explanations of their alternative As a result of the collaborative process and extensive effort from both parties DCVNRCAs proposal became Alternative 4 the Natural Selection Alternative (NSA)

Early in the process team members provided resource data to DCVNRCA necessary to develop a viable alternative which was the same data BLM specialists used to develop alternatives These data sets including geographic biological and engineering were agreed upon and listed in an attachment to the MOU Subsequent to the MOU DCVNRCA requested and BLM delivered GIS databases and maps field surveys for botany and wildlife and orthoquads of the project area

Given the need to develop an alternative consistent with the policies ofNEPA and the Medford Districts Resource Management Plan BLMs resource staff and management provided guidance and technical expertise The first iteration of the Natural Selection Alternative was delivered to BLM in November of 2004 After reviewing the project team developed a list of questions asking for clarification in the alternative such as road design noxious weed abatement riparian management and treatments in wildlife emphasis areas The information requested was necessary to adequately address the environmental consequences of the actions The project staff met with the authors at their residence to discuss those issues DCVNRCA incorporated input from BLM and delivered a revised draft in January 2005 BLMs review of the second draft focused on the environmental consequences of the proposed actions Any action identified as generating a potential adverse consequence which might prevent selection of the alternative was documented and delivered to DCVNRCA for consideration Subsequent meetings were held to detail concerns and discuss options to resolve them DCVNRCA revised and delivered a third draft to BLM in February 2005 along with hard copy maps of the proposed road and trail locations BLMs engineering and resource staff made final recommendations to modify locations ofproposed road and trail development to protect water quality and wildlife habitat The recommendations were accepted and the final road and trail locations were digitized by BLM into GIS generating maps which were included in the EA

A week later an updated version of their proposal was delivered modifying text regarding trail descriptions and use of roads as possible recreation opportunity While these updates were omitted from the final EA document because of human error the team received the information and adequately addressed the addition in the environmental consequences section Therefore all information was incorporated and analyzed in the alternative assessment Please see Errata section for inclusion of the missing text

The BLMs interdisciplinary planning team has designed the South Deer Landscape Management Project in a manner that strives to be sensitive to the range ofviews and values to the resource management mandates that are set forth in the various applicable laws and resource management plans and to the current resource conditions in the project area

The EA was made available for public comment on July 9 2005 for a 30-day comment period

4South Deer LMP Decision Record I FONSI September 1 2005

bull bull Copies of the EA were mailed out to individuals and organizations that made substantive comments and additional copies of the EA were made available to the public as requested Details of comments received and BLMs responses to comments are in Section V Public Involvement (see below) The formal comment period ended on August 8 2005 however comments were accepted up to the date of this decision

We appreciated receiving comments concerns and opinions from the public about the project and have reviewed them closely Based on the extensive public input recommendations from the planning team and careful consideration of the objectives of the laws regulations and planning documents and NEP A analysis governing these lands the following constitutes my decision

III DECISION and DECISION RATIONALE

A Alternative 1

Alternative 1 the No Action Alternative is rejected because it does not meet the resource management objectives identified in the Medford District Resource Management Plan It would not address or improve many ofthe existing resource conditions and trends that are of major concern relative to healthy forest conditions and resource protection The No Action alternative would perpetuate or promote undesirable resource conditions With the No Action certain undesirable ecological trends would continue unchanged and in some cases would be exacerbated with the passage of time For example high fire hazard conditions would continue or increase and stand vigor and forest health would continue to decline

B Alternatives 2 3 and 4

It is my decision to implement the actions proposed in the South Deer Landscape Management Project Environmental Assessment (EA OR11 0-05-1 0) as outlined below To facilitate presenting and understanding the different elements of this decision this decision record addresses the proposal sequentially in the order they are discussed in the EA

Alternative 2 is selected as the proposed action for the management themes each of which is summarized in the following sections The rationale for the selection of Alternative 2 for each theme is also described Implicit in the selection of Alternative 2 is the premise that it is preferred over Alternative 3 and that Alternative 2 provides the best balance and best meets the purpose and need Alternative 4 is selected for implementation in T39S R7W Section 3 The Thompson Creek Overlook Trail as a component of Alternative 4 will also be constructed dependent on available funding See sections 9 and 11 below for more explanation

The riparian reserve section of the EA has made a case that active management is needed in some riparian areas to maintain or accomplish some broad resource objectives Alternative 3 did not propose active management in those reserves so therefore it is not preferred The EA also made a case for extensive fuel hazard reduction and wildlife habitat restoration Alternative 3 does not meet the purpose and need as effectively as Alternative 2 because no treatments would

5South Deer LMP Decision Record I FONSI September I 2005

bull bull occur within riparian reserves and fewer acres of matrix land would receive fuels treatments in Alternative 3 Other more specific rationale supporting the finding that Alternative 2 best meets the stated purpose and need follows

1 Fuel Hazard Reduction (EA pg 5)

Decision The decision is to implement the proposed fuel hazard reduction treatments as described in Alternative 2 (with the exception ofthose areas identified in item 11) to reduce the chance of uncharacteristic fire behavior and meet the goals and objectives of the Healthy Forest Initiative and National Fire Plan Alternative 2 treats the greatest number of high hazard acres which are acres within the designated Communities at Risk (CAR) and Wildland Urban Interface (WUI) acres Approximately 94 of the project area is within the CAR and WUI designations Fuels hazard reduction will occur on approximately 2623 acres with natural fuels Natural and activity fuels reduction will occur on approximately 1 215 acres and up to 1310 acres of treatments following young stand management activities In addition Alternative 2 will treat approximately 985 acres ofriparian reserves (Table DR-1) The greatest level of fuels reduction treatments in stands classified as Fire Regime Condition Class 3 would be improved one to two condition classes under Alternative 2 Understory thinning for fuel hazard reduction will meet silviculture treatment objectives for each stand Machine masticator (ie slashbuster) use would be limited to those areas identified in EA Table 2-1 As noted in the proposed action all units that receive any type of vegetation treatment (ie pre-commercial thinning brushing commercial thinning harvesting slashing etc) will be evaluated using the BLMs Fuel HazardRisk Assessment and Treatment Recommendations analysis process after treatment and prior to implementing fuel reduction treatments This is to ensure that the appropriate fuel reduction treatments are applied to meet the fuel loadings fire hazard reduction and other resource and safety goals Based on this review and analysis the proposed fuel reduction treatments may be modified adjusted or dropped so as to better accomplish silvicultural objectives resource protection objectives within the implementation considerations and that take advantage of opportunities to build on concurrent efforts (ie Josephine County or private property fuel hazard reduction treatments) Substantial changes to the proposed treatments are not anticipated Those changes that are made will be consistent with the descriptions overall extent and impacts addressed in the EA and its range of fuel treatments alternatives In some instances for example hand piling of slash and pile burning will be utilized when prescribed under burning is not advisable or where high surface fuel loadings exist andor it is operationally impractical to implement because of considerable risk to ecological processes resource values or private property and rural residences Any changes that do occur will be within the scope ofoverall effects anticipated and analyzed in the EA

Due to public comments to the EA and to topographic setting fewer acres of fuel hazard reduction than were analyzed in Alternative 2 will likely be accomplished From the list ofunits in Alternative 2 that have been identified for fuel hazard reduction a prioritization process will identify units most in need of treatment and those will be treated first Work will progress from the highest priority units to the lowest with the highest being those in the CARWUI and around homes Activity-generated fuels will also be given the highest priority for treatment

6South Deer LMP Decision Record I FONSJ September 1 2005

bull bull Table DR-1 Fuel hazard reduction treatment acres by management theme

Alternative 2 Management Theme

Matrix acres Riparian acres Fuel Hazard Reduction 2623 497

Commercial Harvest Units 1215 227 Young Stand Management

1310 261Units

Total 5148 985

Includes fuel hazard reduction in special management areas (BEMA and Core Areas)

Rationale Fuel hazard reduction treatments of both activity-generated fuels and fuels in otherwise unmanaged stands are an important aspect of the project particularly in areas in the rural interface Reducing fuel loadings and altering fuel profiles will in the event of a wildfire make suppression efforts safer and more effective The reduction in surface fuel loadings crown bulk densities and the increase in crown base height will decrease the probability of crown fires and aid in returning historic fire regimes to near their natural range of variability Alternative 2 will treat approximately 985 acres of riparian reserves in order to decrease the potential for high intensity fires within the corridor and promote tree vigor and health thus moving riparian conditions toward meeting ACS objectives Priority treatment areas include CARs and WUis Implementation of the selected alternative will result in a project most consistent with the objectives and vision of the Josephine County Integrated Fire Plan and the National Fire Plan

2 Older Seral Stage Stand Treatments (EA p 8)

Decision Implement stand harvest treatments including post harvest treatments as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) These treatments include commercial thinning density management modified group selection group selection regeneration harvest and understory reduction as described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 The 15-acre regeneration harvest in 38Sshy7W-22-006A would leave 8 to 10 large conifersacre and all hardwoods gt 16 dbh as per the Northern General Forest Management Area (NGFMA) guidelines (RMP p 73)

The decision is to proceed immediately with timber harvest on units identified on approximately 378 acres of the 1215 acres ofmatrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 (Table DR-2) These will be packaged into the South Deer Timber Sale

As summarized in Table DR-2 ofthe 1215 acres of matrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 timber sale harvest units total only 755 acres Of the 755 unit acres 378 acres is the sum of the actual timber sale harvest units including 1 acre of right-of-way This represents approximately 5 of the BLM acres in the project area and approximately 05 of the 72679 acre Deer Creek watershed

7South Deer LMP Decision Record I FONSI September 1 2005

bull Table DR-2 South Deer Timber Sale Harvest Units and Acres

bull Unit (01)

39S-7W-4-001

38S-8W-13-002A

38S-8W-13-002B

38S-8W-13-006 38S-8W-13-008B 38S-8W-13-007A

38S-8W-13-009

38S-7W-17-001

38S-7W-17-002

38S-7W-21-003A 38S-7W-21-003B

38S-7W-21-003C 38S-7W-21-010

38S-7W-21-011

38S-7W-21-013A

38S-7W-21-013B 38S-7W-22-006B 38S-7W-22-006A

38S-7W-22-007C 38S-7W-21-003C 38S-7W-21-003A 38S-7W-23-004

38S-7W-26-001

38S-7W -26-003A 38S-7W -26-003B

Acres (01)

42

37

34 11

27

26

129

78

25

27

20

125

33

67

29

Timber Sale Unit (acres)

4-1 (25)

13-2A (151

13-2A (12) 13-6 (32) 13-7 (14) 13-9 (20)_

17-1A (5)

17-1B (50)

21-3A (22)

21-3B (12)

21-10 (13)

21-11 (8)

21-13A (12)

21-13B (13) 22-6 (15) 22-7 (41)

23-4 (9)

26-1 (20) 26-3 (12)

Harvest Logging Type Method

DMModGS Cable

DMModGS Tractor

DMModGS Cable

DM TractorCable DM TractorCable DMModGS Cable

DM Cable

DMModGS Tractor

Cable

CT Tractor Cable

DMModGS Helicopter

DMModGS Tractor

DMModGS Helicopter

CT Cable

RH TractorCable

DMModGS Helicopter

DMModGS Cable

DM Helicopter

CT Helicopter

South Deer LMP Decision Record I FONS September I 2005 8

bull bull Unit (01) Acres Timber Sale Harvest Logging

(01) Unit Type Method __acre~

38S-7W-27-004 27-4A DM Tractor (9)

45 27-4B DM Helicopter (18)

Right of Way (1) TOTAL 378 ac Approximately

29mmbf The dtfference between the 01 Umt acreage and the harvest umt acreage reflects on-the-ground layout decisions based on harvest feasibility etc The 01 unit acreage excluded from a timber sale harvest unit may be treated later under another contract such as fuel reduction or a form of alternative contracting such as stewardship CT=commercial thin RH=regeneration harvest DM=density management Mod GS=modified group selection GS=group selection

The silvicultural prescription and marking guidelines call for variable density commercial thinning and modified group selection in the units proposed for harvest with the exception of one regeneration harvest unit In general such a harvest regime favors retention of the large dominant trees with the suppressed and intermediate trees (the smaller trees) targeted for removal Individual trees that display old-growth characteristics would be favored for retention Imposing a strict diameter limit on a harvest regime is felt to be inappropriate and an artificial limitation that does not meet the objectives for forest health Trees marked for harvest in the South Deer timber sale are heavily weighted towards the smaller size classes only 9 of the volume is represented by trees ~32 dbh See Table DR-3 These trees have been identified for harvest to reduce stand density and to help meet forest health objectives as well as provide timber resources to the community

9South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-3 Number of Trees and Volume per Diameter Class

Estimated Number Estimated Percent of

of Trees to Percent of Volume IDiameter Total Sale

Harvest I Total Trees DiameterClass Harvest

Diameter Class for the Sale Class Volume

(All Species) (MBF) 8 1908 13 53 2

10 2515 18 106 4 12 2496 18 176 6 14 1945 14 255 9 16 1411 10 257 9 18 1257 9 329 11 20 840 6 325 11 22 659 5 337 12 24 443 3 297 10 26 251 2 207 7 28 208 147 196 7 30 55 039 89 3 32 90 064 145 5 34 37 026 68 2 36 16 011 32 110 38 5 004 12 042 40 5 004 14 050

Totals 14141 100 2901 100

An additional501 acres in T39S R07W Section 3 will be treated under the NSA which represents 67 of the BLM land within the project area (See Item 11 below for more explanation)

Other units totaling 521 acres (Table DR-4) including commercial thinning density management understory reductionspecial forest product removal will also be treated under Alternative 2 It is likely that these units will be treated through special forest product removal small sales or stewardship contracting The silviculture prescriptions described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 will be applied Slash generated by harvest activity will be handpiled and burned in all units Fuel hazard reduction activities such as understory thinning underburning andor machine masticator (slashbuster) will be done as proposed in Alternative 2

South Deer LMP Decision Record I FONSI September 1 2005 10

bull bull Table DR-4 Alternative 2 Harvest Units-Special Forest Products (SFP) Pole Sales Stewardship Contractin2 Unit (01) Acres (01) Harvest Type Logging Method 39S-7W-4-002 61 DMUR TractorCable 39S-7W-4-006 22 DMUR TractorCable 39S-7W-4-008 22 DMUR Tractor 38S-8W-13-005B 28 DMUR TractorCable 38S-7W-21-012 25 DMUR Tractor 38S-7W-23-003 57 DMUR TractorCable 38S-7W-33-002 90 DMUR TractorCable 38S-7W-35-002B 24 DMUR Cable 38S-7W-35-006 15 DMUR TractorCable 38S-7W-35-009 22 DMUR Cable 39S-7W-5-002 75 DMUR TractorCable 39S-7W-5-003 28 DMUR TractorCable 39S-7W-5-005 52 DMUR TractorCable TOTAL 521

Rationale Current stand densities are higher than desired leaving trees susceptible to insects disease and fire Release to pine and oak will perpetuate these stand components which are currently threatened by high stand densities understory competition high canopy closures and high duff layers Treatments are designed to retain multiple canopy layers snags and down wood and large hardwoods in order to promote structural diversity Harvest within older sera stands will reduce stand densities perpetuate the historic mixture of tree species promote a multi-layered stand structure reduce the risk of a stand replacement fire and contribute to meeting the BLMs commitment to provide timberforest resources to the local regional and the national community

Fire exclusion over the past decade has resulted in a significant departure from the historical range ofnatural fire and the risk of loosing forested stands is high As a result the changes to species composition structural stage stand age dead fuel loadings and high stand densities have increased the risk of large high intensity stand replacement fires which have the potential to degrade older seral stands Thinning and prescribed fire treatments for these stands will reduce surface and ladder fuels thus reducing the potential for stand replacement fire

Regeneration harvest proposed for 38S-7W -22-006A Unit 22-6 (15 acres) under NGFMA harvest guidelines is allowed in the RMP which says that there will be local situations in SGFMA that should be managed under NGFMA guidelines (RMP p 73) The rationale for utilizing NGFMA harvest guidelines in this unit versus SGFMA is discussed in the EA To summarize the understory of this previously harvested unit (shelterwood harvest in 1974) is currently dominated by huckleberry and tanoak virtually excluding Douglas-fir regeneration It is believed that allowing more sunlight into this northern exposure unit (by sufficiently reducing the canopy closure) will allow conifer regeneration to successfully out-compete the hardwood and brush species on this high productivity site thus promoting a desired multi-storied conifer stand

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bull bull 3 Young StandForest Development (EA p 13)

Decision Implement the young stand treatments as proposed in Alternative 2 with the exception of those stands in 39-7-3 that were identified for young stand management young stands in section 3 are selected for treatment as proposed in Alternative 4 After the young stand treatment is completed for a unit a separate and unit specific fuel fire hazard assessment will be conducted to evaluate the post treatment conditions and determine the appropriate follow-up fuel treatment All activity generated slash within the CAR boundary will be treated as described in Appendix B Table B-2

Rationale The proposed action under Alternative 2 addresses the need to reduce competition from brush and hardwoods in order to further the development of these early seral stands into a diverse productive mid seral forest condition Selective thinning which retains a range of leave species including hardwoods will promote stand diversity and maintain vigorous crowns Pruning of lower limbs will promote the production of clear high value wood while also raising canopy base height reducing the potential for crown fire The initial and inter-planting of the appropriate tree species for each site will ensure stocking levels are adequate to provide longshyterm forest development in areas where regeneration is currently lacking The suite of treatments under Alternative 2 will meet long term RMP forest product and habitat goals of both the matrix and riparian reserves land allocations (see riparian reserve section) Young stands are a priority for treatment under Alternative 4 and implementing this alternative in section 3 will allow an opportunity to demonstrate the effectiveness of the approach of the NSA in young stand development

4 Wildlife -100 Acre Spotted Owl Core Areas (EA p 14)

Decision Vegetation treatments within spotted owl core areas would not be implemented at this time but these units may be packaged with a future action or implemented in a future decision

Rationale The current condition of the spotted owl core areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction will address the purpose and need to lower tree densities reduce fuel loading and enhance developmentretention of late-successional characteristics However work in 100 acre spotted owl cores requires review from the Regional Ecosystem Office and this has not been completed at this time therefore decisions regarding proposed treatments within the 1 00-acre spotted owl core areas will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas may be made in the future and will be documented in a separate Decision Record(s)

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bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

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bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull approximately 97acres in section 7 Although hand piling and pile burning was completed follow up underbuming did not occur because the timber sale portion of this project (Deer Mom) had not been completed Underbuming was planned for the purpose of decreasing the accumulation of ground fuels While bum severity mapping is not complete estimates of mortality and fire severity have been compiled by BLM fire resource specialists Although no crown fire occurred in the treated stands they experienced an estimated 70 mortality because of convective and radiant heat from the fire column Neighboring untreated stands experienced a high severity crown fire and near 100 mortality Completed fuel hazard reduction treatments also allowed dozers and retardant drops to be effective in direct attack of the fire on its western flank on BLM lands

The 1548 acres in the fire represents 21 of the watershed which with 100 mortality would either remain as early seral or be converted to early seral vegetation (actual mortality is less) Some vegetation was early seral prior to the fire (ie 150- 200 acres was meadows and other areas were early seral forest or shrub habitat) The 266 acres on BLM lands represents 04 of BLM ownership in the watershed

The South Deer project located on the opposite side of the Deer Creek drainage from the fire is topographically isolated from the fire area Analysis in the EA concluded there would be no measurable or detectable effect to water quality or channel conditions from implementation of alternative 2 or 3 and an improving trend in hydrologic processes and riparian function would continue (EA p 45 and 46) the fire would not add cumulatively to the hydrologic effects of the South Deer project

Approximately 70 acres of suitable spotted owl habitat on BLM lands burned at varying severities in two isolated blocks Emergency consultation with the U S Fish and Wildlife Service was initiated and the effects of the fire will be incorporated into the environmental baseline for spotted owls Effects of suppression activities have been determined to be may affect not likely to adversely affect The fire did not bum into any known spotted owl activity centers (KSOAC) and is unlikely to have negatively impacted individual owls and is unlikely to have a negative impact on the species The nearest known KSOAC is approximately Y2 mile from the northern perimeter of the fire

No additional cumulative effects were identified for botanical resources fisheries fire vegetation or recreation

II BACKGROUND

Planning work for this project began in March 2004 with a scoping letter sent to over a hundred adjacent landowners and other interested individuals and organizations BLM planners and specialists began an assertive effort to listen to the public beginning with an open house meeting in Selma Oregon on April 7 2004 At that meeting resource specialists presented background information and data describing the affected environment within the Deer Creek watershed From the onset the scope of the project was intended to include a comprehensive evaluation of conditions on BLM lands in the project area to address the full range of conditions and

2South Deer LMP Decision Record I FONSI September I 2005

bull bull opportunities that were found and to design a multi-faceted project that addressed the range of resources The result is a project that includes a broad suite of recreation work road work that corrects problems and provides for a range of resource management needs wildlife habitat restoration forest stand restoration and resource and property protection work through fuel reductions It provides commercial and non-commercial outputs as directed by the Bureaus strategic plan and the Medford Districts Resource Management Plan (RMP)

The South Deer EA presented and analyzed three action alternatives Two alternatives (Alternatives 2 amp 3) presented and evaluated in the EA reflect what the planning team determined to be the best balance and integration of resource conditions resource potential and competing management objectives Specifically BLMs interdisciplinary planning team designed the South Deer Forest Management Project based on (a) current resource conditions in the project area (b) meeting the objectives and direction of the Medford District Resource Management Plan (RMP) and the Northwest Forest Plan and (c) community interest and involvement The third action alternative was developed by a community group (see below)

The public involvement process utilized a variety of approaches including letters community meetings field trips tours of sites within the project area and discussions with groups and residents of the Illinois Valley and in particular Deer Creek From this involvement there appeared to be broad consensus on issues and goals a) recognition that many vegetation stands present a wildfire hazard b) recreation and tourism is in high demand and is expected to increase c) a need to restore healthy forest ecosystems d) a desire to provide job opportunities for local valley residents

While there was some general agreement on some or most of the goals and objectives there was a lack of agreement on how to achieve those objectives BLMs planning team integrated many concerns into the development of Alternative 2 and 3 including consideration ofwildlife habitat ecosystem health water quality recreation and infrastructure improvement Additionally to respond to public interest of public land management BLM included a third action alternative prepared by local citizens

The third action alternative Alternative 4 was prepared by the Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) During the public involvement process prior to project development local citizens through the DCVNRCA requested their alternative be considered in the South Deer EA In September of 2004 BLM and the DCVNRA signed a memorandum of understanding (MOU) to ensure that the cooperating parties work effectively and efficiently by

bull Establishing the needs and constraints of each party bull Providing the purpose and need standards and guidelines policies and practices that

ensure consistency with the National Environmental Policy Act (NEPA) and the Medford District Resource Management Plan

bull Identifying and clarifying DCVNRCA and BLMs roles and responsibilities for development of an alternative

The MOU set into motion a collaborative process occurring over seven months Collectively

3South Deer LMP Decision Record I FONSI September 1 2005

bull bull BLM spent 350 hours in meetings and field trips to assist discuss revise and comprehend DCVNRCAs alternative Additionally over 50 phone conversations provided clarification and coordination through the process Likewise DCVNRCA spent many hours with BLM providing via literature and field tours details and explanations of their alternative As a result of the collaborative process and extensive effort from both parties DCVNRCAs proposal became Alternative 4 the Natural Selection Alternative (NSA)

Early in the process team members provided resource data to DCVNRCA necessary to develop a viable alternative which was the same data BLM specialists used to develop alternatives These data sets including geographic biological and engineering were agreed upon and listed in an attachment to the MOU Subsequent to the MOU DCVNRCA requested and BLM delivered GIS databases and maps field surveys for botany and wildlife and orthoquads of the project area

Given the need to develop an alternative consistent with the policies ofNEPA and the Medford Districts Resource Management Plan BLMs resource staff and management provided guidance and technical expertise The first iteration of the Natural Selection Alternative was delivered to BLM in November of 2004 After reviewing the project team developed a list of questions asking for clarification in the alternative such as road design noxious weed abatement riparian management and treatments in wildlife emphasis areas The information requested was necessary to adequately address the environmental consequences of the actions The project staff met with the authors at their residence to discuss those issues DCVNRCA incorporated input from BLM and delivered a revised draft in January 2005 BLMs review of the second draft focused on the environmental consequences of the proposed actions Any action identified as generating a potential adverse consequence which might prevent selection of the alternative was documented and delivered to DCVNRCA for consideration Subsequent meetings were held to detail concerns and discuss options to resolve them DCVNRCA revised and delivered a third draft to BLM in February 2005 along with hard copy maps of the proposed road and trail locations BLMs engineering and resource staff made final recommendations to modify locations ofproposed road and trail development to protect water quality and wildlife habitat The recommendations were accepted and the final road and trail locations were digitized by BLM into GIS generating maps which were included in the EA

A week later an updated version of their proposal was delivered modifying text regarding trail descriptions and use of roads as possible recreation opportunity While these updates were omitted from the final EA document because of human error the team received the information and adequately addressed the addition in the environmental consequences section Therefore all information was incorporated and analyzed in the alternative assessment Please see Errata section for inclusion of the missing text

The BLMs interdisciplinary planning team has designed the South Deer Landscape Management Project in a manner that strives to be sensitive to the range ofviews and values to the resource management mandates that are set forth in the various applicable laws and resource management plans and to the current resource conditions in the project area

The EA was made available for public comment on July 9 2005 for a 30-day comment period

4South Deer LMP Decision Record I FONSI September 1 2005

bull bull Copies of the EA were mailed out to individuals and organizations that made substantive comments and additional copies of the EA were made available to the public as requested Details of comments received and BLMs responses to comments are in Section V Public Involvement (see below) The formal comment period ended on August 8 2005 however comments were accepted up to the date of this decision

We appreciated receiving comments concerns and opinions from the public about the project and have reviewed them closely Based on the extensive public input recommendations from the planning team and careful consideration of the objectives of the laws regulations and planning documents and NEP A analysis governing these lands the following constitutes my decision

III DECISION and DECISION RATIONALE

A Alternative 1

Alternative 1 the No Action Alternative is rejected because it does not meet the resource management objectives identified in the Medford District Resource Management Plan It would not address or improve many ofthe existing resource conditions and trends that are of major concern relative to healthy forest conditions and resource protection The No Action alternative would perpetuate or promote undesirable resource conditions With the No Action certain undesirable ecological trends would continue unchanged and in some cases would be exacerbated with the passage of time For example high fire hazard conditions would continue or increase and stand vigor and forest health would continue to decline

B Alternatives 2 3 and 4

It is my decision to implement the actions proposed in the South Deer Landscape Management Project Environmental Assessment (EA OR11 0-05-1 0) as outlined below To facilitate presenting and understanding the different elements of this decision this decision record addresses the proposal sequentially in the order they are discussed in the EA

Alternative 2 is selected as the proposed action for the management themes each of which is summarized in the following sections The rationale for the selection of Alternative 2 for each theme is also described Implicit in the selection of Alternative 2 is the premise that it is preferred over Alternative 3 and that Alternative 2 provides the best balance and best meets the purpose and need Alternative 4 is selected for implementation in T39S R7W Section 3 The Thompson Creek Overlook Trail as a component of Alternative 4 will also be constructed dependent on available funding See sections 9 and 11 below for more explanation

The riparian reserve section of the EA has made a case that active management is needed in some riparian areas to maintain or accomplish some broad resource objectives Alternative 3 did not propose active management in those reserves so therefore it is not preferred The EA also made a case for extensive fuel hazard reduction and wildlife habitat restoration Alternative 3 does not meet the purpose and need as effectively as Alternative 2 because no treatments would

5South Deer LMP Decision Record I FONSI September I 2005

bull bull occur within riparian reserves and fewer acres of matrix land would receive fuels treatments in Alternative 3 Other more specific rationale supporting the finding that Alternative 2 best meets the stated purpose and need follows

1 Fuel Hazard Reduction (EA pg 5)

Decision The decision is to implement the proposed fuel hazard reduction treatments as described in Alternative 2 (with the exception ofthose areas identified in item 11) to reduce the chance of uncharacteristic fire behavior and meet the goals and objectives of the Healthy Forest Initiative and National Fire Plan Alternative 2 treats the greatest number of high hazard acres which are acres within the designated Communities at Risk (CAR) and Wildland Urban Interface (WUI) acres Approximately 94 of the project area is within the CAR and WUI designations Fuels hazard reduction will occur on approximately 2623 acres with natural fuels Natural and activity fuels reduction will occur on approximately 1 215 acres and up to 1310 acres of treatments following young stand management activities In addition Alternative 2 will treat approximately 985 acres ofriparian reserves (Table DR-1) The greatest level of fuels reduction treatments in stands classified as Fire Regime Condition Class 3 would be improved one to two condition classes under Alternative 2 Understory thinning for fuel hazard reduction will meet silviculture treatment objectives for each stand Machine masticator (ie slashbuster) use would be limited to those areas identified in EA Table 2-1 As noted in the proposed action all units that receive any type of vegetation treatment (ie pre-commercial thinning brushing commercial thinning harvesting slashing etc) will be evaluated using the BLMs Fuel HazardRisk Assessment and Treatment Recommendations analysis process after treatment and prior to implementing fuel reduction treatments This is to ensure that the appropriate fuel reduction treatments are applied to meet the fuel loadings fire hazard reduction and other resource and safety goals Based on this review and analysis the proposed fuel reduction treatments may be modified adjusted or dropped so as to better accomplish silvicultural objectives resource protection objectives within the implementation considerations and that take advantage of opportunities to build on concurrent efforts (ie Josephine County or private property fuel hazard reduction treatments) Substantial changes to the proposed treatments are not anticipated Those changes that are made will be consistent with the descriptions overall extent and impacts addressed in the EA and its range of fuel treatments alternatives In some instances for example hand piling of slash and pile burning will be utilized when prescribed under burning is not advisable or where high surface fuel loadings exist andor it is operationally impractical to implement because of considerable risk to ecological processes resource values or private property and rural residences Any changes that do occur will be within the scope ofoverall effects anticipated and analyzed in the EA

Due to public comments to the EA and to topographic setting fewer acres of fuel hazard reduction than were analyzed in Alternative 2 will likely be accomplished From the list ofunits in Alternative 2 that have been identified for fuel hazard reduction a prioritization process will identify units most in need of treatment and those will be treated first Work will progress from the highest priority units to the lowest with the highest being those in the CARWUI and around homes Activity-generated fuels will also be given the highest priority for treatment

6South Deer LMP Decision Record I FONSJ September 1 2005

bull bull Table DR-1 Fuel hazard reduction treatment acres by management theme

Alternative 2 Management Theme

Matrix acres Riparian acres Fuel Hazard Reduction 2623 497

Commercial Harvest Units 1215 227 Young Stand Management

1310 261Units

Total 5148 985

Includes fuel hazard reduction in special management areas (BEMA and Core Areas)

Rationale Fuel hazard reduction treatments of both activity-generated fuels and fuels in otherwise unmanaged stands are an important aspect of the project particularly in areas in the rural interface Reducing fuel loadings and altering fuel profiles will in the event of a wildfire make suppression efforts safer and more effective The reduction in surface fuel loadings crown bulk densities and the increase in crown base height will decrease the probability of crown fires and aid in returning historic fire regimes to near their natural range of variability Alternative 2 will treat approximately 985 acres of riparian reserves in order to decrease the potential for high intensity fires within the corridor and promote tree vigor and health thus moving riparian conditions toward meeting ACS objectives Priority treatment areas include CARs and WUis Implementation of the selected alternative will result in a project most consistent with the objectives and vision of the Josephine County Integrated Fire Plan and the National Fire Plan

2 Older Seral Stage Stand Treatments (EA p 8)

Decision Implement stand harvest treatments including post harvest treatments as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) These treatments include commercial thinning density management modified group selection group selection regeneration harvest and understory reduction as described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 The 15-acre regeneration harvest in 38Sshy7W-22-006A would leave 8 to 10 large conifersacre and all hardwoods gt 16 dbh as per the Northern General Forest Management Area (NGFMA) guidelines (RMP p 73)

The decision is to proceed immediately with timber harvest on units identified on approximately 378 acres of the 1215 acres ofmatrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 (Table DR-2) These will be packaged into the South Deer Timber Sale

As summarized in Table DR-2 ofthe 1215 acres of matrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 timber sale harvest units total only 755 acres Of the 755 unit acres 378 acres is the sum of the actual timber sale harvest units including 1 acre of right-of-way This represents approximately 5 of the BLM acres in the project area and approximately 05 of the 72679 acre Deer Creek watershed

7South Deer LMP Decision Record I FONSI September 1 2005

bull Table DR-2 South Deer Timber Sale Harvest Units and Acres

bull Unit (01)

39S-7W-4-001

38S-8W-13-002A

38S-8W-13-002B

38S-8W-13-006 38S-8W-13-008B 38S-8W-13-007A

38S-8W-13-009

38S-7W-17-001

38S-7W-17-002

38S-7W-21-003A 38S-7W-21-003B

38S-7W-21-003C 38S-7W-21-010

38S-7W-21-011

38S-7W-21-013A

38S-7W-21-013B 38S-7W-22-006B 38S-7W-22-006A

38S-7W-22-007C 38S-7W-21-003C 38S-7W-21-003A 38S-7W-23-004

38S-7W-26-001

38S-7W -26-003A 38S-7W -26-003B

Acres (01)

42

37

34 11

27

26

129

78

25

27

20

125

33

67

29

Timber Sale Unit (acres)

4-1 (25)

13-2A (151

13-2A (12) 13-6 (32) 13-7 (14) 13-9 (20)_

17-1A (5)

17-1B (50)

21-3A (22)

21-3B (12)

21-10 (13)

21-11 (8)

21-13A (12)

21-13B (13) 22-6 (15) 22-7 (41)

23-4 (9)

26-1 (20) 26-3 (12)

Harvest Logging Type Method

DMModGS Cable

DMModGS Tractor

DMModGS Cable

DM TractorCable DM TractorCable DMModGS Cable

DM Cable

DMModGS Tractor

Cable

CT Tractor Cable

DMModGS Helicopter

DMModGS Tractor

DMModGS Helicopter

CT Cable

RH TractorCable

DMModGS Helicopter

DMModGS Cable

DM Helicopter

CT Helicopter

South Deer LMP Decision Record I FONS September I 2005 8

bull bull Unit (01) Acres Timber Sale Harvest Logging

(01) Unit Type Method __acre~

38S-7W-27-004 27-4A DM Tractor (9)

45 27-4B DM Helicopter (18)

Right of Way (1) TOTAL 378 ac Approximately

29mmbf The dtfference between the 01 Umt acreage and the harvest umt acreage reflects on-the-ground layout decisions based on harvest feasibility etc The 01 unit acreage excluded from a timber sale harvest unit may be treated later under another contract such as fuel reduction or a form of alternative contracting such as stewardship CT=commercial thin RH=regeneration harvest DM=density management Mod GS=modified group selection GS=group selection

The silvicultural prescription and marking guidelines call for variable density commercial thinning and modified group selection in the units proposed for harvest with the exception of one regeneration harvest unit In general such a harvest regime favors retention of the large dominant trees with the suppressed and intermediate trees (the smaller trees) targeted for removal Individual trees that display old-growth characteristics would be favored for retention Imposing a strict diameter limit on a harvest regime is felt to be inappropriate and an artificial limitation that does not meet the objectives for forest health Trees marked for harvest in the South Deer timber sale are heavily weighted towards the smaller size classes only 9 of the volume is represented by trees ~32 dbh See Table DR-3 These trees have been identified for harvest to reduce stand density and to help meet forest health objectives as well as provide timber resources to the community

9South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-3 Number of Trees and Volume per Diameter Class

Estimated Number Estimated Percent of

of Trees to Percent of Volume IDiameter Total Sale

Harvest I Total Trees DiameterClass Harvest

Diameter Class for the Sale Class Volume

(All Species) (MBF) 8 1908 13 53 2

10 2515 18 106 4 12 2496 18 176 6 14 1945 14 255 9 16 1411 10 257 9 18 1257 9 329 11 20 840 6 325 11 22 659 5 337 12 24 443 3 297 10 26 251 2 207 7 28 208 147 196 7 30 55 039 89 3 32 90 064 145 5 34 37 026 68 2 36 16 011 32 110 38 5 004 12 042 40 5 004 14 050

Totals 14141 100 2901 100

An additional501 acres in T39S R07W Section 3 will be treated under the NSA which represents 67 of the BLM land within the project area (See Item 11 below for more explanation)

Other units totaling 521 acres (Table DR-4) including commercial thinning density management understory reductionspecial forest product removal will also be treated under Alternative 2 It is likely that these units will be treated through special forest product removal small sales or stewardship contracting The silviculture prescriptions described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 will be applied Slash generated by harvest activity will be handpiled and burned in all units Fuel hazard reduction activities such as understory thinning underburning andor machine masticator (slashbuster) will be done as proposed in Alternative 2

South Deer LMP Decision Record I FONSI September 1 2005 10

bull bull Table DR-4 Alternative 2 Harvest Units-Special Forest Products (SFP) Pole Sales Stewardship Contractin2 Unit (01) Acres (01) Harvest Type Logging Method 39S-7W-4-002 61 DMUR TractorCable 39S-7W-4-006 22 DMUR TractorCable 39S-7W-4-008 22 DMUR Tractor 38S-8W-13-005B 28 DMUR TractorCable 38S-7W-21-012 25 DMUR Tractor 38S-7W-23-003 57 DMUR TractorCable 38S-7W-33-002 90 DMUR TractorCable 38S-7W-35-002B 24 DMUR Cable 38S-7W-35-006 15 DMUR TractorCable 38S-7W-35-009 22 DMUR Cable 39S-7W-5-002 75 DMUR TractorCable 39S-7W-5-003 28 DMUR TractorCable 39S-7W-5-005 52 DMUR TractorCable TOTAL 521

Rationale Current stand densities are higher than desired leaving trees susceptible to insects disease and fire Release to pine and oak will perpetuate these stand components which are currently threatened by high stand densities understory competition high canopy closures and high duff layers Treatments are designed to retain multiple canopy layers snags and down wood and large hardwoods in order to promote structural diversity Harvest within older sera stands will reduce stand densities perpetuate the historic mixture of tree species promote a multi-layered stand structure reduce the risk of a stand replacement fire and contribute to meeting the BLMs commitment to provide timberforest resources to the local regional and the national community

Fire exclusion over the past decade has resulted in a significant departure from the historical range ofnatural fire and the risk of loosing forested stands is high As a result the changes to species composition structural stage stand age dead fuel loadings and high stand densities have increased the risk of large high intensity stand replacement fires which have the potential to degrade older seral stands Thinning and prescribed fire treatments for these stands will reduce surface and ladder fuels thus reducing the potential for stand replacement fire

Regeneration harvest proposed for 38S-7W -22-006A Unit 22-6 (15 acres) under NGFMA harvest guidelines is allowed in the RMP which says that there will be local situations in SGFMA that should be managed under NGFMA guidelines (RMP p 73) The rationale for utilizing NGFMA harvest guidelines in this unit versus SGFMA is discussed in the EA To summarize the understory of this previously harvested unit (shelterwood harvest in 1974) is currently dominated by huckleberry and tanoak virtually excluding Douglas-fir regeneration It is believed that allowing more sunlight into this northern exposure unit (by sufficiently reducing the canopy closure) will allow conifer regeneration to successfully out-compete the hardwood and brush species on this high productivity site thus promoting a desired multi-storied conifer stand

11South Deer LMP Decision Record I FONSI September 1 2005

bull bull 3 Young StandForest Development (EA p 13)

Decision Implement the young stand treatments as proposed in Alternative 2 with the exception of those stands in 39-7-3 that were identified for young stand management young stands in section 3 are selected for treatment as proposed in Alternative 4 After the young stand treatment is completed for a unit a separate and unit specific fuel fire hazard assessment will be conducted to evaluate the post treatment conditions and determine the appropriate follow-up fuel treatment All activity generated slash within the CAR boundary will be treated as described in Appendix B Table B-2

Rationale The proposed action under Alternative 2 addresses the need to reduce competition from brush and hardwoods in order to further the development of these early seral stands into a diverse productive mid seral forest condition Selective thinning which retains a range of leave species including hardwoods will promote stand diversity and maintain vigorous crowns Pruning of lower limbs will promote the production of clear high value wood while also raising canopy base height reducing the potential for crown fire The initial and inter-planting of the appropriate tree species for each site will ensure stocking levels are adequate to provide longshyterm forest development in areas where regeneration is currently lacking The suite of treatments under Alternative 2 will meet long term RMP forest product and habitat goals of both the matrix and riparian reserves land allocations (see riparian reserve section) Young stands are a priority for treatment under Alternative 4 and implementing this alternative in section 3 will allow an opportunity to demonstrate the effectiveness of the approach of the NSA in young stand development

4 Wildlife -100 Acre Spotted Owl Core Areas (EA p 14)

Decision Vegetation treatments within spotted owl core areas would not be implemented at this time but these units may be packaged with a future action or implemented in a future decision

Rationale The current condition of the spotted owl core areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction will address the purpose and need to lower tree densities reduce fuel loading and enhance developmentretention of late-successional characteristics However work in 100 acre spotted owl cores requires review from the Regional Ecosystem Office and this has not been completed at this time therefore decisions regarding proposed treatments within the 1 00-acre spotted owl core areas will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas may be made in the future and will be documented in a separate Decision Record(s)

12South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

13South Deer LMP Decision Record I FONSJ September I 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull opportunities that were found and to design a multi-faceted project that addressed the range of resources The result is a project that includes a broad suite of recreation work road work that corrects problems and provides for a range of resource management needs wildlife habitat restoration forest stand restoration and resource and property protection work through fuel reductions It provides commercial and non-commercial outputs as directed by the Bureaus strategic plan and the Medford Districts Resource Management Plan (RMP)

The South Deer EA presented and analyzed three action alternatives Two alternatives (Alternatives 2 amp 3) presented and evaluated in the EA reflect what the planning team determined to be the best balance and integration of resource conditions resource potential and competing management objectives Specifically BLMs interdisciplinary planning team designed the South Deer Forest Management Project based on (a) current resource conditions in the project area (b) meeting the objectives and direction of the Medford District Resource Management Plan (RMP) and the Northwest Forest Plan and (c) community interest and involvement The third action alternative was developed by a community group (see below)

The public involvement process utilized a variety of approaches including letters community meetings field trips tours of sites within the project area and discussions with groups and residents of the Illinois Valley and in particular Deer Creek From this involvement there appeared to be broad consensus on issues and goals a) recognition that many vegetation stands present a wildfire hazard b) recreation and tourism is in high demand and is expected to increase c) a need to restore healthy forest ecosystems d) a desire to provide job opportunities for local valley residents

While there was some general agreement on some or most of the goals and objectives there was a lack of agreement on how to achieve those objectives BLMs planning team integrated many concerns into the development of Alternative 2 and 3 including consideration ofwildlife habitat ecosystem health water quality recreation and infrastructure improvement Additionally to respond to public interest of public land management BLM included a third action alternative prepared by local citizens

The third action alternative Alternative 4 was prepared by the Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) During the public involvement process prior to project development local citizens through the DCVNRCA requested their alternative be considered in the South Deer EA In September of 2004 BLM and the DCVNRA signed a memorandum of understanding (MOU) to ensure that the cooperating parties work effectively and efficiently by

bull Establishing the needs and constraints of each party bull Providing the purpose and need standards and guidelines policies and practices that

ensure consistency with the National Environmental Policy Act (NEPA) and the Medford District Resource Management Plan

bull Identifying and clarifying DCVNRCA and BLMs roles and responsibilities for development of an alternative

The MOU set into motion a collaborative process occurring over seven months Collectively

3South Deer LMP Decision Record I FONSI September 1 2005

bull bull BLM spent 350 hours in meetings and field trips to assist discuss revise and comprehend DCVNRCAs alternative Additionally over 50 phone conversations provided clarification and coordination through the process Likewise DCVNRCA spent many hours with BLM providing via literature and field tours details and explanations of their alternative As a result of the collaborative process and extensive effort from both parties DCVNRCAs proposal became Alternative 4 the Natural Selection Alternative (NSA)

Early in the process team members provided resource data to DCVNRCA necessary to develop a viable alternative which was the same data BLM specialists used to develop alternatives These data sets including geographic biological and engineering were agreed upon and listed in an attachment to the MOU Subsequent to the MOU DCVNRCA requested and BLM delivered GIS databases and maps field surveys for botany and wildlife and orthoquads of the project area

Given the need to develop an alternative consistent with the policies ofNEPA and the Medford Districts Resource Management Plan BLMs resource staff and management provided guidance and technical expertise The first iteration of the Natural Selection Alternative was delivered to BLM in November of 2004 After reviewing the project team developed a list of questions asking for clarification in the alternative such as road design noxious weed abatement riparian management and treatments in wildlife emphasis areas The information requested was necessary to adequately address the environmental consequences of the actions The project staff met with the authors at their residence to discuss those issues DCVNRCA incorporated input from BLM and delivered a revised draft in January 2005 BLMs review of the second draft focused on the environmental consequences of the proposed actions Any action identified as generating a potential adverse consequence which might prevent selection of the alternative was documented and delivered to DCVNRCA for consideration Subsequent meetings were held to detail concerns and discuss options to resolve them DCVNRCA revised and delivered a third draft to BLM in February 2005 along with hard copy maps of the proposed road and trail locations BLMs engineering and resource staff made final recommendations to modify locations ofproposed road and trail development to protect water quality and wildlife habitat The recommendations were accepted and the final road and trail locations were digitized by BLM into GIS generating maps which were included in the EA

A week later an updated version of their proposal was delivered modifying text regarding trail descriptions and use of roads as possible recreation opportunity While these updates were omitted from the final EA document because of human error the team received the information and adequately addressed the addition in the environmental consequences section Therefore all information was incorporated and analyzed in the alternative assessment Please see Errata section for inclusion of the missing text

The BLMs interdisciplinary planning team has designed the South Deer Landscape Management Project in a manner that strives to be sensitive to the range ofviews and values to the resource management mandates that are set forth in the various applicable laws and resource management plans and to the current resource conditions in the project area

The EA was made available for public comment on July 9 2005 for a 30-day comment period

4South Deer LMP Decision Record I FONSI September 1 2005

bull bull Copies of the EA were mailed out to individuals and organizations that made substantive comments and additional copies of the EA were made available to the public as requested Details of comments received and BLMs responses to comments are in Section V Public Involvement (see below) The formal comment period ended on August 8 2005 however comments were accepted up to the date of this decision

We appreciated receiving comments concerns and opinions from the public about the project and have reviewed them closely Based on the extensive public input recommendations from the planning team and careful consideration of the objectives of the laws regulations and planning documents and NEP A analysis governing these lands the following constitutes my decision

III DECISION and DECISION RATIONALE

A Alternative 1

Alternative 1 the No Action Alternative is rejected because it does not meet the resource management objectives identified in the Medford District Resource Management Plan It would not address or improve many ofthe existing resource conditions and trends that are of major concern relative to healthy forest conditions and resource protection The No Action alternative would perpetuate or promote undesirable resource conditions With the No Action certain undesirable ecological trends would continue unchanged and in some cases would be exacerbated with the passage of time For example high fire hazard conditions would continue or increase and stand vigor and forest health would continue to decline

B Alternatives 2 3 and 4

It is my decision to implement the actions proposed in the South Deer Landscape Management Project Environmental Assessment (EA OR11 0-05-1 0) as outlined below To facilitate presenting and understanding the different elements of this decision this decision record addresses the proposal sequentially in the order they are discussed in the EA

Alternative 2 is selected as the proposed action for the management themes each of which is summarized in the following sections The rationale for the selection of Alternative 2 for each theme is also described Implicit in the selection of Alternative 2 is the premise that it is preferred over Alternative 3 and that Alternative 2 provides the best balance and best meets the purpose and need Alternative 4 is selected for implementation in T39S R7W Section 3 The Thompson Creek Overlook Trail as a component of Alternative 4 will also be constructed dependent on available funding See sections 9 and 11 below for more explanation

The riparian reserve section of the EA has made a case that active management is needed in some riparian areas to maintain or accomplish some broad resource objectives Alternative 3 did not propose active management in those reserves so therefore it is not preferred The EA also made a case for extensive fuel hazard reduction and wildlife habitat restoration Alternative 3 does not meet the purpose and need as effectively as Alternative 2 because no treatments would

5South Deer LMP Decision Record I FONSI September I 2005

bull bull occur within riparian reserves and fewer acres of matrix land would receive fuels treatments in Alternative 3 Other more specific rationale supporting the finding that Alternative 2 best meets the stated purpose and need follows

1 Fuel Hazard Reduction (EA pg 5)

Decision The decision is to implement the proposed fuel hazard reduction treatments as described in Alternative 2 (with the exception ofthose areas identified in item 11) to reduce the chance of uncharacteristic fire behavior and meet the goals and objectives of the Healthy Forest Initiative and National Fire Plan Alternative 2 treats the greatest number of high hazard acres which are acres within the designated Communities at Risk (CAR) and Wildland Urban Interface (WUI) acres Approximately 94 of the project area is within the CAR and WUI designations Fuels hazard reduction will occur on approximately 2623 acres with natural fuels Natural and activity fuels reduction will occur on approximately 1 215 acres and up to 1310 acres of treatments following young stand management activities In addition Alternative 2 will treat approximately 985 acres ofriparian reserves (Table DR-1) The greatest level of fuels reduction treatments in stands classified as Fire Regime Condition Class 3 would be improved one to two condition classes under Alternative 2 Understory thinning for fuel hazard reduction will meet silviculture treatment objectives for each stand Machine masticator (ie slashbuster) use would be limited to those areas identified in EA Table 2-1 As noted in the proposed action all units that receive any type of vegetation treatment (ie pre-commercial thinning brushing commercial thinning harvesting slashing etc) will be evaluated using the BLMs Fuel HazardRisk Assessment and Treatment Recommendations analysis process after treatment and prior to implementing fuel reduction treatments This is to ensure that the appropriate fuel reduction treatments are applied to meet the fuel loadings fire hazard reduction and other resource and safety goals Based on this review and analysis the proposed fuel reduction treatments may be modified adjusted or dropped so as to better accomplish silvicultural objectives resource protection objectives within the implementation considerations and that take advantage of opportunities to build on concurrent efforts (ie Josephine County or private property fuel hazard reduction treatments) Substantial changes to the proposed treatments are not anticipated Those changes that are made will be consistent with the descriptions overall extent and impacts addressed in the EA and its range of fuel treatments alternatives In some instances for example hand piling of slash and pile burning will be utilized when prescribed under burning is not advisable or where high surface fuel loadings exist andor it is operationally impractical to implement because of considerable risk to ecological processes resource values or private property and rural residences Any changes that do occur will be within the scope ofoverall effects anticipated and analyzed in the EA

Due to public comments to the EA and to topographic setting fewer acres of fuel hazard reduction than were analyzed in Alternative 2 will likely be accomplished From the list ofunits in Alternative 2 that have been identified for fuel hazard reduction a prioritization process will identify units most in need of treatment and those will be treated first Work will progress from the highest priority units to the lowest with the highest being those in the CARWUI and around homes Activity-generated fuels will also be given the highest priority for treatment

6South Deer LMP Decision Record I FONSJ September 1 2005

bull bull Table DR-1 Fuel hazard reduction treatment acres by management theme

Alternative 2 Management Theme

Matrix acres Riparian acres Fuel Hazard Reduction 2623 497

Commercial Harvest Units 1215 227 Young Stand Management

1310 261Units

Total 5148 985

Includes fuel hazard reduction in special management areas (BEMA and Core Areas)

Rationale Fuel hazard reduction treatments of both activity-generated fuels and fuels in otherwise unmanaged stands are an important aspect of the project particularly in areas in the rural interface Reducing fuel loadings and altering fuel profiles will in the event of a wildfire make suppression efforts safer and more effective The reduction in surface fuel loadings crown bulk densities and the increase in crown base height will decrease the probability of crown fires and aid in returning historic fire regimes to near their natural range of variability Alternative 2 will treat approximately 985 acres of riparian reserves in order to decrease the potential for high intensity fires within the corridor and promote tree vigor and health thus moving riparian conditions toward meeting ACS objectives Priority treatment areas include CARs and WUis Implementation of the selected alternative will result in a project most consistent with the objectives and vision of the Josephine County Integrated Fire Plan and the National Fire Plan

2 Older Seral Stage Stand Treatments (EA p 8)

Decision Implement stand harvest treatments including post harvest treatments as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) These treatments include commercial thinning density management modified group selection group selection regeneration harvest and understory reduction as described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 The 15-acre regeneration harvest in 38Sshy7W-22-006A would leave 8 to 10 large conifersacre and all hardwoods gt 16 dbh as per the Northern General Forest Management Area (NGFMA) guidelines (RMP p 73)

The decision is to proceed immediately with timber harvest on units identified on approximately 378 acres of the 1215 acres ofmatrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 (Table DR-2) These will be packaged into the South Deer Timber Sale

As summarized in Table DR-2 ofthe 1215 acres of matrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 timber sale harvest units total only 755 acres Of the 755 unit acres 378 acres is the sum of the actual timber sale harvest units including 1 acre of right-of-way This represents approximately 5 of the BLM acres in the project area and approximately 05 of the 72679 acre Deer Creek watershed

7South Deer LMP Decision Record I FONSI September 1 2005

bull Table DR-2 South Deer Timber Sale Harvest Units and Acres

bull Unit (01)

39S-7W-4-001

38S-8W-13-002A

38S-8W-13-002B

38S-8W-13-006 38S-8W-13-008B 38S-8W-13-007A

38S-8W-13-009

38S-7W-17-001

38S-7W-17-002

38S-7W-21-003A 38S-7W-21-003B

38S-7W-21-003C 38S-7W-21-010

38S-7W-21-011

38S-7W-21-013A

38S-7W-21-013B 38S-7W-22-006B 38S-7W-22-006A

38S-7W-22-007C 38S-7W-21-003C 38S-7W-21-003A 38S-7W-23-004

38S-7W-26-001

38S-7W -26-003A 38S-7W -26-003B

Acres (01)

42

37

34 11

27

26

129

78

25

27

20

125

33

67

29

Timber Sale Unit (acres)

4-1 (25)

13-2A (151

13-2A (12) 13-6 (32) 13-7 (14) 13-9 (20)_

17-1A (5)

17-1B (50)

21-3A (22)

21-3B (12)

21-10 (13)

21-11 (8)

21-13A (12)

21-13B (13) 22-6 (15) 22-7 (41)

23-4 (9)

26-1 (20) 26-3 (12)

Harvest Logging Type Method

DMModGS Cable

DMModGS Tractor

DMModGS Cable

DM TractorCable DM TractorCable DMModGS Cable

DM Cable

DMModGS Tractor

Cable

CT Tractor Cable

DMModGS Helicopter

DMModGS Tractor

DMModGS Helicopter

CT Cable

RH TractorCable

DMModGS Helicopter

DMModGS Cable

DM Helicopter

CT Helicopter

South Deer LMP Decision Record I FONS September I 2005 8

bull bull Unit (01) Acres Timber Sale Harvest Logging

(01) Unit Type Method __acre~

38S-7W-27-004 27-4A DM Tractor (9)

45 27-4B DM Helicopter (18)

Right of Way (1) TOTAL 378 ac Approximately

29mmbf The dtfference between the 01 Umt acreage and the harvest umt acreage reflects on-the-ground layout decisions based on harvest feasibility etc The 01 unit acreage excluded from a timber sale harvest unit may be treated later under another contract such as fuel reduction or a form of alternative contracting such as stewardship CT=commercial thin RH=regeneration harvest DM=density management Mod GS=modified group selection GS=group selection

The silvicultural prescription and marking guidelines call for variable density commercial thinning and modified group selection in the units proposed for harvest with the exception of one regeneration harvest unit In general such a harvest regime favors retention of the large dominant trees with the suppressed and intermediate trees (the smaller trees) targeted for removal Individual trees that display old-growth characteristics would be favored for retention Imposing a strict diameter limit on a harvest regime is felt to be inappropriate and an artificial limitation that does not meet the objectives for forest health Trees marked for harvest in the South Deer timber sale are heavily weighted towards the smaller size classes only 9 of the volume is represented by trees ~32 dbh See Table DR-3 These trees have been identified for harvest to reduce stand density and to help meet forest health objectives as well as provide timber resources to the community

9South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-3 Number of Trees and Volume per Diameter Class

Estimated Number Estimated Percent of

of Trees to Percent of Volume IDiameter Total Sale

Harvest I Total Trees DiameterClass Harvest

Diameter Class for the Sale Class Volume

(All Species) (MBF) 8 1908 13 53 2

10 2515 18 106 4 12 2496 18 176 6 14 1945 14 255 9 16 1411 10 257 9 18 1257 9 329 11 20 840 6 325 11 22 659 5 337 12 24 443 3 297 10 26 251 2 207 7 28 208 147 196 7 30 55 039 89 3 32 90 064 145 5 34 37 026 68 2 36 16 011 32 110 38 5 004 12 042 40 5 004 14 050

Totals 14141 100 2901 100

An additional501 acres in T39S R07W Section 3 will be treated under the NSA which represents 67 of the BLM land within the project area (See Item 11 below for more explanation)

Other units totaling 521 acres (Table DR-4) including commercial thinning density management understory reductionspecial forest product removal will also be treated under Alternative 2 It is likely that these units will be treated through special forest product removal small sales or stewardship contracting The silviculture prescriptions described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 will be applied Slash generated by harvest activity will be handpiled and burned in all units Fuel hazard reduction activities such as understory thinning underburning andor machine masticator (slashbuster) will be done as proposed in Alternative 2

South Deer LMP Decision Record I FONSI September 1 2005 10

bull bull Table DR-4 Alternative 2 Harvest Units-Special Forest Products (SFP) Pole Sales Stewardship Contractin2 Unit (01) Acres (01) Harvest Type Logging Method 39S-7W-4-002 61 DMUR TractorCable 39S-7W-4-006 22 DMUR TractorCable 39S-7W-4-008 22 DMUR Tractor 38S-8W-13-005B 28 DMUR TractorCable 38S-7W-21-012 25 DMUR Tractor 38S-7W-23-003 57 DMUR TractorCable 38S-7W-33-002 90 DMUR TractorCable 38S-7W-35-002B 24 DMUR Cable 38S-7W-35-006 15 DMUR TractorCable 38S-7W-35-009 22 DMUR Cable 39S-7W-5-002 75 DMUR TractorCable 39S-7W-5-003 28 DMUR TractorCable 39S-7W-5-005 52 DMUR TractorCable TOTAL 521

Rationale Current stand densities are higher than desired leaving trees susceptible to insects disease and fire Release to pine and oak will perpetuate these stand components which are currently threatened by high stand densities understory competition high canopy closures and high duff layers Treatments are designed to retain multiple canopy layers snags and down wood and large hardwoods in order to promote structural diversity Harvest within older sera stands will reduce stand densities perpetuate the historic mixture of tree species promote a multi-layered stand structure reduce the risk of a stand replacement fire and contribute to meeting the BLMs commitment to provide timberforest resources to the local regional and the national community

Fire exclusion over the past decade has resulted in a significant departure from the historical range ofnatural fire and the risk of loosing forested stands is high As a result the changes to species composition structural stage stand age dead fuel loadings and high stand densities have increased the risk of large high intensity stand replacement fires which have the potential to degrade older seral stands Thinning and prescribed fire treatments for these stands will reduce surface and ladder fuels thus reducing the potential for stand replacement fire

Regeneration harvest proposed for 38S-7W -22-006A Unit 22-6 (15 acres) under NGFMA harvest guidelines is allowed in the RMP which says that there will be local situations in SGFMA that should be managed under NGFMA guidelines (RMP p 73) The rationale for utilizing NGFMA harvest guidelines in this unit versus SGFMA is discussed in the EA To summarize the understory of this previously harvested unit (shelterwood harvest in 1974) is currently dominated by huckleberry and tanoak virtually excluding Douglas-fir regeneration It is believed that allowing more sunlight into this northern exposure unit (by sufficiently reducing the canopy closure) will allow conifer regeneration to successfully out-compete the hardwood and brush species on this high productivity site thus promoting a desired multi-storied conifer stand

11South Deer LMP Decision Record I FONSI September 1 2005

bull bull 3 Young StandForest Development (EA p 13)

Decision Implement the young stand treatments as proposed in Alternative 2 with the exception of those stands in 39-7-3 that were identified for young stand management young stands in section 3 are selected for treatment as proposed in Alternative 4 After the young stand treatment is completed for a unit a separate and unit specific fuel fire hazard assessment will be conducted to evaluate the post treatment conditions and determine the appropriate follow-up fuel treatment All activity generated slash within the CAR boundary will be treated as described in Appendix B Table B-2

Rationale The proposed action under Alternative 2 addresses the need to reduce competition from brush and hardwoods in order to further the development of these early seral stands into a diverse productive mid seral forest condition Selective thinning which retains a range of leave species including hardwoods will promote stand diversity and maintain vigorous crowns Pruning of lower limbs will promote the production of clear high value wood while also raising canopy base height reducing the potential for crown fire The initial and inter-planting of the appropriate tree species for each site will ensure stocking levels are adequate to provide longshyterm forest development in areas where regeneration is currently lacking The suite of treatments under Alternative 2 will meet long term RMP forest product and habitat goals of both the matrix and riparian reserves land allocations (see riparian reserve section) Young stands are a priority for treatment under Alternative 4 and implementing this alternative in section 3 will allow an opportunity to demonstrate the effectiveness of the approach of the NSA in young stand development

4 Wildlife -100 Acre Spotted Owl Core Areas (EA p 14)

Decision Vegetation treatments within spotted owl core areas would not be implemented at this time but these units may be packaged with a future action or implemented in a future decision

Rationale The current condition of the spotted owl core areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction will address the purpose and need to lower tree densities reduce fuel loading and enhance developmentretention of late-successional characteristics However work in 100 acre spotted owl cores requires review from the Regional Ecosystem Office and this has not been completed at this time therefore decisions regarding proposed treatments within the 1 00-acre spotted owl core areas will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas may be made in the future and will be documented in a separate Decision Record(s)

12South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

13South Deer LMP Decision Record I FONSJ September I 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull BLM spent 350 hours in meetings and field trips to assist discuss revise and comprehend DCVNRCAs alternative Additionally over 50 phone conversations provided clarification and coordination through the process Likewise DCVNRCA spent many hours with BLM providing via literature and field tours details and explanations of their alternative As a result of the collaborative process and extensive effort from both parties DCVNRCAs proposal became Alternative 4 the Natural Selection Alternative (NSA)

Early in the process team members provided resource data to DCVNRCA necessary to develop a viable alternative which was the same data BLM specialists used to develop alternatives These data sets including geographic biological and engineering were agreed upon and listed in an attachment to the MOU Subsequent to the MOU DCVNRCA requested and BLM delivered GIS databases and maps field surveys for botany and wildlife and orthoquads of the project area

Given the need to develop an alternative consistent with the policies ofNEPA and the Medford Districts Resource Management Plan BLMs resource staff and management provided guidance and technical expertise The first iteration of the Natural Selection Alternative was delivered to BLM in November of 2004 After reviewing the project team developed a list of questions asking for clarification in the alternative such as road design noxious weed abatement riparian management and treatments in wildlife emphasis areas The information requested was necessary to adequately address the environmental consequences of the actions The project staff met with the authors at their residence to discuss those issues DCVNRCA incorporated input from BLM and delivered a revised draft in January 2005 BLMs review of the second draft focused on the environmental consequences of the proposed actions Any action identified as generating a potential adverse consequence which might prevent selection of the alternative was documented and delivered to DCVNRCA for consideration Subsequent meetings were held to detail concerns and discuss options to resolve them DCVNRCA revised and delivered a third draft to BLM in February 2005 along with hard copy maps of the proposed road and trail locations BLMs engineering and resource staff made final recommendations to modify locations ofproposed road and trail development to protect water quality and wildlife habitat The recommendations were accepted and the final road and trail locations were digitized by BLM into GIS generating maps which were included in the EA

A week later an updated version of their proposal was delivered modifying text regarding trail descriptions and use of roads as possible recreation opportunity While these updates were omitted from the final EA document because of human error the team received the information and adequately addressed the addition in the environmental consequences section Therefore all information was incorporated and analyzed in the alternative assessment Please see Errata section for inclusion of the missing text

The BLMs interdisciplinary planning team has designed the South Deer Landscape Management Project in a manner that strives to be sensitive to the range ofviews and values to the resource management mandates that are set forth in the various applicable laws and resource management plans and to the current resource conditions in the project area

The EA was made available for public comment on July 9 2005 for a 30-day comment period

4South Deer LMP Decision Record I FONSI September 1 2005

bull bull Copies of the EA were mailed out to individuals and organizations that made substantive comments and additional copies of the EA were made available to the public as requested Details of comments received and BLMs responses to comments are in Section V Public Involvement (see below) The formal comment period ended on August 8 2005 however comments were accepted up to the date of this decision

We appreciated receiving comments concerns and opinions from the public about the project and have reviewed them closely Based on the extensive public input recommendations from the planning team and careful consideration of the objectives of the laws regulations and planning documents and NEP A analysis governing these lands the following constitutes my decision

III DECISION and DECISION RATIONALE

A Alternative 1

Alternative 1 the No Action Alternative is rejected because it does not meet the resource management objectives identified in the Medford District Resource Management Plan It would not address or improve many ofthe existing resource conditions and trends that are of major concern relative to healthy forest conditions and resource protection The No Action alternative would perpetuate or promote undesirable resource conditions With the No Action certain undesirable ecological trends would continue unchanged and in some cases would be exacerbated with the passage of time For example high fire hazard conditions would continue or increase and stand vigor and forest health would continue to decline

B Alternatives 2 3 and 4

It is my decision to implement the actions proposed in the South Deer Landscape Management Project Environmental Assessment (EA OR11 0-05-1 0) as outlined below To facilitate presenting and understanding the different elements of this decision this decision record addresses the proposal sequentially in the order they are discussed in the EA

Alternative 2 is selected as the proposed action for the management themes each of which is summarized in the following sections The rationale for the selection of Alternative 2 for each theme is also described Implicit in the selection of Alternative 2 is the premise that it is preferred over Alternative 3 and that Alternative 2 provides the best balance and best meets the purpose and need Alternative 4 is selected for implementation in T39S R7W Section 3 The Thompson Creek Overlook Trail as a component of Alternative 4 will also be constructed dependent on available funding See sections 9 and 11 below for more explanation

The riparian reserve section of the EA has made a case that active management is needed in some riparian areas to maintain or accomplish some broad resource objectives Alternative 3 did not propose active management in those reserves so therefore it is not preferred The EA also made a case for extensive fuel hazard reduction and wildlife habitat restoration Alternative 3 does not meet the purpose and need as effectively as Alternative 2 because no treatments would

5South Deer LMP Decision Record I FONSI September I 2005

bull bull occur within riparian reserves and fewer acres of matrix land would receive fuels treatments in Alternative 3 Other more specific rationale supporting the finding that Alternative 2 best meets the stated purpose and need follows

1 Fuel Hazard Reduction (EA pg 5)

Decision The decision is to implement the proposed fuel hazard reduction treatments as described in Alternative 2 (with the exception ofthose areas identified in item 11) to reduce the chance of uncharacteristic fire behavior and meet the goals and objectives of the Healthy Forest Initiative and National Fire Plan Alternative 2 treats the greatest number of high hazard acres which are acres within the designated Communities at Risk (CAR) and Wildland Urban Interface (WUI) acres Approximately 94 of the project area is within the CAR and WUI designations Fuels hazard reduction will occur on approximately 2623 acres with natural fuels Natural and activity fuels reduction will occur on approximately 1 215 acres and up to 1310 acres of treatments following young stand management activities In addition Alternative 2 will treat approximately 985 acres ofriparian reserves (Table DR-1) The greatest level of fuels reduction treatments in stands classified as Fire Regime Condition Class 3 would be improved one to two condition classes under Alternative 2 Understory thinning for fuel hazard reduction will meet silviculture treatment objectives for each stand Machine masticator (ie slashbuster) use would be limited to those areas identified in EA Table 2-1 As noted in the proposed action all units that receive any type of vegetation treatment (ie pre-commercial thinning brushing commercial thinning harvesting slashing etc) will be evaluated using the BLMs Fuel HazardRisk Assessment and Treatment Recommendations analysis process after treatment and prior to implementing fuel reduction treatments This is to ensure that the appropriate fuel reduction treatments are applied to meet the fuel loadings fire hazard reduction and other resource and safety goals Based on this review and analysis the proposed fuel reduction treatments may be modified adjusted or dropped so as to better accomplish silvicultural objectives resource protection objectives within the implementation considerations and that take advantage of opportunities to build on concurrent efforts (ie Josephine County or private property fuel hazard reduction treatments) Substantial changes to the proposed treatments are not anticipated Those changes that are made will be consistent with the descriptions overall extent and impacts addressed in the EA and its range of fuel treatments alternatives In some instances for example hand piling of slash and pile burning will be utilized when prescribed under burning is not advisable or where high surface fuel loadings exist andor it is operationally impractical to implement because of considerable risk to ecological processes resource values or private property and rural residences Any changes that do occur will be within the scope ofoverall effects anticipated and analyzed in the EA

Due to public comments to the EA and to topographic setting fewer acres of fuel hazard reduction than were analyzed in Alternative 2 will likely be accomplished From the list ofunits in Alternative 2 that have been identified for fuel hazard reduction a prioritization process will identify units most in need of treatment and those will be treated first Work will progress from the highest priority units to the lowest with the highest being those in the CARWUI and around homes Activity-generated fuels will also be given the highest priority for treatment

6South Deer LMP Decision Record I FONSJ September 1 2005

bull bull Table DR-1 Fuel hazard reduction treatment acres by management theme

Alternative 2 Management Theme

Matrix acres Riparian acres Fuel Hazard Reduction 2623 497

Commercial Harvest Units 1215 227 Young Stand Management

1310 261Units

Total 5148 985

Includes fuel hazard reduction in special management areas (BEMA and Core Areas)

Rationale Fuel hazard reduction treatments of both activity-generated fuels and fuels in otherwise unmanaged stands are an important aspect of the project particularly in areas in the rural interface Reducing fuel loadings and altering fuel profiles will in the event of a wildfire make suppression efforts safer and more effective The reduction in surface fuel loadings crown bulk densities and the increase in crown base height will decrease the probability of crown fires and aid in returning historic fire regimes to near their natural range of variability Alternative 2 will treat approximately 985 acres of riparian reserves in order to decrease the potential for high intensity fires within the corridor and promote tree vigor and health thus moving riparian conditions toward meeting ACS objectives Priority treatment areas include CARs and WUis Implementation of the selected alternative will result in a project most consistent with the objectives and vision of the Josephine County Integrated Fire Plan and the National Fire Plan

2 Older Seral Stage Stand Treatments (EA p 8)

Decision Implement stand harvest treatments including post harvest treatments as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) These treatments include commercial thinning density management modified group selection group selection regeneration harvest and understory reduction as described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 The 15-acre regeneration harvest in 38Sshy7W-22-006A would leave 8 to 10 large conifersacre and all hardwoods gt 16 dbh as per the Northern General Forest Management Area (NGFMA) guidelines (RMP p 73)

The decision is to proceed immediately with timber harvest on units identified on approximately 378 acres of the 1215 acres ofmatrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 (Table DR-2) These will be packaged into the South Deer Timber Sale

As summarized in Table DR-2 ofthe 1215 acres of matrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 timber sale harvest units total only 755 acres Of the 755 unit acres 378 acres is the sum of the actual timber sale harvest units including 1 acre of right-of-way This represents approximately 5 of the BLM acres in the project area and approximately 05 of the 72679 acre Deer Creek watershed

7South Deer LMP Decision Record I FONSI September 1 2005

bull Table DR-2 South Deer Timber Sale Harvest Units and Acres

bull Unit (01)

39S-7W-4-001

38S-8W-13-002A

38S-8W-13-002B

38S-8W-13-006 38S-8W-13-008B 38S-8W-13-007A

38S-8W-13-009

38S-7W-17-001

38S-7W-17-002

38S-7W-21-003A 38S-7W-21-003B

38S-7W-21-003C 38S-7W-21-010

38S-7W-21-011

38S-7W-21-013A

38S-7W-21-013B 38S-7W-22-006B 38S-7W-22-006A

38S-7W-22-007C 38S-7W-21-003C 38S-7W-21-003A 38S-7W-23-004

38S-7W-26-001

38S-7W -26-003A 38S-7W -26-003B

Acres (01)

42

37

34 11

27

26

129

78

25

27

20

125

33

67

29

Timber Sale Unit (acres)

4-1 (25)

13-2A (151

13-2A (12) 13-6 (32) 13-7 (14) 13-9 (20)_

17-1A (5)

17-1B (50)

21-3A (22)

21-3B (12)

21-10 (13)

21-11 (8)

21-13A (12)

21-13B (13) 22-6 (15) 22-7 (41)

23-4 (9)

26-1 (20) 26-3 (12)

Harvest Logging Type Method

DMModGS Cable

DMModGS Tractor

DMModGS Cable

DM TractorCable DM TractorCable DMModGS Cable

DM Cable

DMModGS Tractor

Cable

CT Tractor Cable

DMModGS Helicopter

DMModGS Tractor

DMModGS Helicopter

CT Cable

RH TractorCable

DMModGS Helicopter

DMModGS Cable

DM Helicopter

CT Helicopter

South Deer LMP Decision Record I FONS September I 2005 8

bull bull Unit (01) Acres Timber Sale Harvest Logging

(01) Unit Type Method __acre~

38S-7W-27-004 27-4A DM Tractor (9)

45 27-4B DM Helicopter (18)

Right of Way (1) TOTAL 378 ac Approximately

29mmbf The dtfference between the 01 Umt acreage and the harvest umt acreage reflects on-the-ground layout decisions based on harvest feasibility etc The 01 unit acreage excluded from a timber sale harvest unit may be treated later under another contract such as fuel reduction or a form of alternative contracting such as stewardship CT=commercial thin RH=regeneration harvest DM=density management Mod GS=modified group selection GS=group selection

The silvicultural prescription and marking guidelines call for variable density commercial thinning and modified group selection in the units proposed for harvest with the exception of one regeneration harvest unit In general such a harvest regime favors retention of the large dominant trees with the suppressed and intermediate trees (the smaller trees) targeted for removal Individual trees that display old-growth characteristics would be favored for retention Imposing a strict diameter limit on a harvest regime is felt to be inappropriate and an artificial limitation that does not meet the objectives for forest health Trees marked for harvest in the South Deer timber sale are heavily weighted towards the smaller size classes only 9 of the volume is represented by trees ~32 dbh See Table DR-3 These trees have been identified for harvest to reduce stand density and to help meet forest health objectives as well as provide timber resources to the community

9South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-3 Number of Trees and Volume per Diameter Class

Estimated Number Estimated Percent of

of Trees to Percent of Volume IDiameter Total Sale

Harvest I Total Trees DiameterClass Harvest

Diameter Class for the Sale Class Volume

(All Species) (MBF) 8 1908 13 53 2

10 2515 18 106 4 12 2496 18 176 6 14 1945 14 255 9 16 1411 10 257 9 18 1257 9 329 11 20 840 6 325 11 22 659 5 337 12 24 443 3 297 10 26 251 2 207 7 28 208 147 196 7 30 55 039 89 3 32 90 064 145 5 34 37 026 68 2 36 16 011 32 110 38 5 004 12 042 40 5 004 14 050

Totals 14141 100 2901 100

An additional501 acres in T39S R07W Section 3 will be treated under the NSA which represents 67 of the BLM land within the project area (See Item 11 below for more explanation)

Other units totaling 521 acres (Table DR-4) including commercial thinning density management understory reductionspecial forest product removal will also be treated under Alternative 2 It is likely that these units will be treated through special forest product removal small sales or stewardship contracting The silviculture prescriptions described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 will be applied Slash generated by harvest activity will be handpiled and burned in all units Fuel hazard reduction activities such as understory thinning underburning andor machine masticator (slashbuster) will be done as proposed in Alternative 2

South Deer LMP Decision Record I FONSI September 1 2005 10

bull bull Table DR-4 Alternative 2 Harvest Units-Special Forest Products (SFP) Pole Sales Stewardship Contractin2 Unit (01) Acres (01) Harvest Type Logging Method 39S-7W-4-002 61 DMUR TractorCable 39S-7W-4-006 22 DMUR TractorCable 39S-7W-4-008 22 DMUR Tractor 38S-8W-13-005B 28 DMUR TractorCable 38S-7W-21-012 25 DMUR Tractor 38S-7W-23-003 57 DMUR TractorCable 38S-7W-33-002 90 DMUR TractorCable 38S-7W-35-002B 24 DMUR Cable 38S-7W-35-006 15 DMUR TractorCable 38S-7W-35-009 22 DMUR Cable 39S-7W-5-002 75 DMUR TractorCable 39S-7W-5-003 28 DMUR TractorCable 39S-7W-5-005 52 DMUR TractorCable TOTAL 521

Rationale Current stand densities are higher than desired leaving trees susceptible to insects disease and fire Release to pine and oak will perpetuate these stand components which are currently threatened by high stand densities understory competition high canopy closures and high duff layers Treatments are designed to retain multiple canopy layers snags and down wood and large hardwoods in order to promote structural diversity Harvest within older sera stands will reduce stand densities perpetuate the historic mixture of tree species promote a multi-layered stand structure reduce the risk of a stand replacement fire and contribute to meeting the BLMs commitment to provide timberforest resources to the local regional and the national community

Fire exclusion over the past decade has resulted in a significant departure from the historical range ofnatural fire and the risk of loosing forested stands is high As a result the changes to species composition structural stage stand age dead fuel loadings and high stand densities have increased the risk of large high intensity stand replacement fires which have the potential to degrade older seral stands Thinning and prescribed fire treatments for these stands will reduce surface and ladder fuels thus reducing the potential for stand replacement fire

Regeneration harvest proposed for 38S-7W -22-006A Unit 22-6 (15 acres) under NGFMA harvest guidelines is allowed in the RMP which says that there will be local situations in SGFMA that should be managed under NGFMA guidelines (RMP p 73) The rationale for utilizing NGFMA harvest guidelines in this unit versus SGFMA is discussed in the EA To summarize the understory of this previously harvested unit (shelterwood harvest in 1974) is currently dominated by huckleberry and tanoak virtually excluding Douglas-fir regeneration It is believed that allowing more sunlight into this northern exposure unit (by sufficiently reducing the canopy closure) will allow conifer regeneration to successfully out-compete the hardwood and brush species on this high productivity site thus promoting a desired multi-storied conifer stand

11South Deer LMP Decision Record I FONSI September 1 2005

bull bull 3 Young StandForest Development (EA p 13)

Decision Implement the young stand treatments as proposed in Alternative 2 with the exception of those stands in 39-7-3 that were identified for young stand management young stands in section 3 are selected for treatment as proposed in Alternative 4 After the young stand treatment is completed for a unit a separate and unit specific fuel fire hazard assessment will be conducted to evaluate the post treatment conditions and determine the appropriate follow-up fuel treatment All activity generated slash within the CAR boundary will be treated as described in Appendix B Table B-2

Rationale The proposed action under Alternative 2 addresses the need to reduce competition from brush and hardwoods in order to further the development of these early seral stands into a diverse productive mid seral forest condition Selective thinning which retains a range of leave species including hardwoods will promote stand diversity and maintain vigorous crowns Pruning of lower limbs will promote the production of clear high value wood while also raising canopy base height reducing the potential for crown fire The initial and inter-planting of the appropriate tree species for each site will ensure stocking levels are adequate to provide longshyterm forest development in areas where regeneration is currently lacking The suite of treatments under Alternative 2 will meet long term RMP forest product and habitat goals of both the matrix and riparian reserves land allocations (see riparian reserve section) Young stands are a priority for treatment under Alternative 4 and implementing this alternative in section 3 will allow an opportunity to demonstrate the effectiveness of the approach of the NSA in young stand development

4 Wildlife -100 Acre Spotted Owl Core Areas (EA p 14)

Decision Vegetation treatments within spotted owl core areas would not be implemented at this time but these units may be packaged with a future action or implemented in a future decision

Rationale The current condition of the spotted owl core areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction will address the purpose and need to lower tree densities reduce fuel loading and enhance developmentretention of late-successional characteristics However work in 100 acre spotted owl cores requires review from the Regional Ecosystem Office and this has not been completed at this time therefore decisions regarding proposed treatments within the 1 00-acre spotted owl core areas will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas may be made in the future and will be documented in a separate Decision Record(s)

12South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

13South Deer LMP Decision Record I FONSJ September I 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull Copies of the EA were mailed out to individuals and organizations that made substantive comments and additional copies of the EA were made available to the public as requested Details of comments received and BLMs responses to comments are in Section V Public Involvement (see below) The formal comment period ended on August 8 2005 however comments were accepted up to the date of this decision

We appreciated receiving comments concerns and opinions from the public about the project and have reviewed them closely Based on the extensive public input recommendations from the planning team and careful consideration of the objectives of the laws regulations and planning documents and NEP A analysis governing these lands the following constitutes my decision

III DECISION and DECISION RATIONALE

A Alternative 1

Alternative 1 the No Action Alternative is rejected because it does not meet the resource management objectives identified in the Medford District Resource Management Plan It would not address or improve many ofthe existing resource conditions and trends that are of major concern relative to healthy forest conditions and resource protection The No Action alternative would perpetuate or promote undesirable resource conditions With the No Action certain undesirable ecological trends would continue unchanged and in some cases would be exacerbated with the passage of time For example high fire hazard conditions would continue or increase and stand vigor and forest health would continue to decline

B Alternatives 2 3 and 4

It is my decision to implement the actions proposed in the South Deer Landscape Management Project Environmental Assessment (EA OR11 0-05-1 0) as outlined below To facilitate presenting and understanding the different elements of this decision this decision record addresses the proposal sequentially in the order they are discussed in the EA

Alternative 2 is selected as the proposed action for the management themes each of which is summarized in the following sections The rationale for the selection of Alternative 2 for each theme is also described Implicit in the selection of Alternative 2 is the premise that it is preferred over Alternative 3 and that Alternative 2 provides the best balance and best meets the purpose and need Alternative 4 is selected for implementation in T39S R7W Section 3 The Thompson Creek Overlook Trail as a component of Alternative 4 will also be constructed dependent on available funding See sections 9 and 11 below for more explanation

The riparian reserve section of the EA has made a case that active management is needed in some riparian areas to maintain or accomplish some broad resource objectives Alternative 3 did not propose active management in those reserves so therefore it is not preferred The EA also made a case for extensive fuel hazard reduction and wildlife habitat restoration Alternative 3 does not meet the purpose and need as effectively as Alternative 2 because no treatments would

5South Deer LMP Decision Record I FONSI September I 2005

bull bull occur within riparian reserves and fewer acres of matrix land would receive fuels treatments in Alternative 3 Other more specific rationale supporting the finding that Alternative 2 best meets the stated purpose and need follows

1 Fuel Hazard Reduction (EA pg 5)

Decision The decision is to implement the proposed fuel hazard reduction treatments as described in Alternative 2 (with the exception ofthose areas identified in item 11) to reduce the chance of uncharacteristic fire behavior and meet the goals and objectives of the Healthy Forest Initiative and National Fire Plan Alternative 2 treats the greatest number of high hazard acres which are acres within the designated Communities at Risk (CAR) and Wildland Urban Interface (WUI) acres Approximately 94 of the project area is within the CAR and WUI designations Fuels hazard reduction will occur on approximately 2623 acres with natural fuels Natural and activity fuels reduction will occur on approximately 1 215 acres and up to 1310 acres of treatments following young stand management activities In addition Alternative 2 will treat approximately 985 acres ofriparian reserves (Table DR-1) The greatest level of fuels reduction treatments in stands classified as Fire Regime Condition Class 3 would be improved one to two condition classes under Alternative 2 Understory thinning for fuel hazard reduction will meet silviculture treatment objectives for each stand Machine masticator (ie slashbuster) use would be limited to those areas identified in EA Table 2-1 As noted in the proposed action all units that receive any type of vegetation treatment (ie pre-commercial thinning brushing commercial thinning harvesting slashing etc) will be evaluated using the BLMs Fuel HazardRisk Assessment and Treatment Recommendations analysis process after treatment and prior to implementing fuel reduction treatments This is to ensure that the appropriate fuel reduction treatments are applied to meet the fuel loadings fire hazard reduction and other resource and safety goals Based on this review and analysis the proposed fuel reduction treatments may be modified adjusted or dropped so as to better accomplish silvicultural objectives resource protection objectives within the implementation considerations and that take advantage of opportunities to build on concurrent efforts (ie Josephine County or private property fuel hazard reduction treatments) Substantial changes to the proposed treatments are not anticipated Those changes that are made will be consistent with the descriptions overall extent and impacts addressed in the EA and its range of fuel treatments alternatives In some instances for example hand piling of slash and pile burning will be utilized when prescribed under burning is not advisable or where high surface fuel loadings exist andor it is operationally impractical to implement because of considerable risk to ecological processes resource values or private property and rural residences Any changes that do occur will be within the scope ofoverall effects anticipated and analyzed in the EA

Due to public comments to the EA and to topographic setting fewer acres of fuel hazard reduction than were analyzed in Alternative 2 will likely be accomplished From the list ofunits in Alternative 2 that have been identified for fuel hazard reduction a prioritization process will identify units most in need of treatment and those will be treated first Work will progress from the highest priority units to the lowest with the highest being those in the CARWUI and around homes Activity-generated fuels will also be given the highest priority for treatment

6South Deer LMP Decision Record I FONSJ September 1 2005

bull bull Table DR-1 Fuel hazard reduction treatment acres by management theme

Alternative 2 Management Theme

Matrix acres Riparian acres Fuel Hazard Reduction 2623 497

Commercial Harvest Units 1215 227 Young Stand Management

1310 261Units

Total 5148 985

Includes fuel hazard reduction in special management areas (BEMA and Core Areas)

Rationale Fuel hazard reduction treatments of both activity-generated fuels and fuels in otherwise unmanaged stands are an important aspect of the project particularly in areas in the rural interface Reducing fuel loadings and altering fuel profiles will in the event of a wildfire make suppression efforts safer and more effective The reduction in surface fuel loadings crown bulk densities and the increase in crown base height will decrease the probability of crown fires and aid in returning historic fire regimes to near their natural range of variability Alternative 2 will treat approximately 985 acres of riparian reserves in order to decrease the potential for high intensity fires within the corridor and promote tree vigor and health thus moving riparian conditions toward meeting ACS objectives Priority treatment areas include CARs and WUis Implementation of the selected alternative will result in a project most consistent with the objectives and vision of the Josephine County Integrated Fire Plan and the National Fire Plan

2 Older Seral Stage Stand Treatments (EA p 8)

Decision Implement stand harvest treatments including post harvest treatments as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) These treatments include commercial thinning density management modified group selection group selection regeneration harvest and understory reduction as described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 The 15-acre regeneration harvest in 38Sshy7W-22-006A would leave 8 to 10 large conifersacre and all hardwoods gt 16 dbh as per the Northern General Forest Management Area (NGFMA) guidelines (RMP p 73)

The decision is to proceed immediately with timber harvest on units identified on approximately 378 acres of the 1215 acres ofmatrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 (Table DR-2) These will be packaged into the South Deer Timber Sale

As summarized in Table DR-2 ofthe 1215 acres of matrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 timber sale harvest units total only 755 acres Of the 755 unit acres 378 acres is the sum of the actual timber sale harvest units including 1 acre of right-of-way This represents approximately 5 of the BLM acres in the project area and approximately 05 of the 72679 acre Deer Creek watershed

7South Deer LMP Decision Record I FONSI September 1 2005

bull Table DR-2 South Deer Timber Sale Harvest Units and Acres

bull Unit (01)

39S-7W-4-001

38S-8W-13-002A

38S-8W-13-002B

38S-8W-13-006 38S-8W-13-008B 38S-8W-13-007A

38S-8W-13-009

38S-7W-17-001

38S-7W-17-002

38S-7W-21-003A 38S-7W-21-003B

38S-7W-21-003C 38S-7W-21-010

38S-7W-21-011

38S-7W-21-013A

38S-7W-21-013B 38S-7W-22-006B 38S-7W-22-006A

38S-7W-22-007C 38S-7W-21-003C 38S-7W-21-003A 38S-7W-23-004

38S-7W-26-001

38S-7W -26-003A 38S-7W -26-003B

Acres (01)

42

37

34 11

27

26

129

78

25

27

20

125

33

67

29

Timber Sale Unit (acres)

4-1 (25)

13-2A (151

13-2A (12) 13-6 (32) 13-7 (14) 13-9 (20)_

17-1A (5)

17-1B (50)

21-3A (22)

21-3B (12)

21-10 (13)

21-11 (8)

21-13A (12)

21-13B (13) 22-6 (15) 22-7 (41)

23-4 (9)

26-1 (20) 26-3 (12)

Harvest Logging Type Method

DMModGS Cable

DMModGS Tractor

DMModGS Cable

DM TractorCable DM TractorCable DMModGS Cable

DM Cable

DMModGS Tractor

Cable

CT Tractor Cable

DMModGS Helicopter

DMModGS Tractor

DMModGS Helicopter

CT Cable

RH TractorCable

DMModGS Helicopter

DMModGS Cable

DM Helicopter

CT Helicopter

South Deer LMP Decision Record I FONS September I 2005 8

bull bull Unit (01) Acres Timber Sale Harvest Logging

(01) Unit Type Method __acre~

38S-7W-27-004 27-4A DM Tractor (9)

45 27-4B DM Helicopter (18)

Right of Way (1) TOTAL 378 ac Approximately

29mmbf The dtfference between the 01 Umt acreage and the harvest umt acreage reflects on-the-ground layout decisions based on harvest feasibility etc The 01 unit acreage excluded from a timber sale harvest unit may be treated later under another contract such as fuel reduction or a form of alternative contracting such as stewardship CT=commercial thin RH=regeneration harvest DM=density management Mod GS=modified group selection GS=group selection

The silvicultural prescription and marking guidelines call for variable density commercial thinning and modified group selection in the units proposed for harvest with the exception of one regeneration harvest unit In general such a harvest regime favors retention of the large dominant trees with the suppressed and intermediate trees (the smaller trees) targeted for removal Individual trees that display old-growth characteristics would be favored for retention Imposing a strict diameter limit on a harvest regime is felt to be inappropriate and an artificial limitation that does not meet the objectives for forest health Trees marked for harvest in the South Deer timber sale are heavily weighted towards the smaller size classes only 9 of the volume is represented by trees ~32 dbh See Table DR-3 These trees have been identified for harvest to reduce stand density and to help meet forest health objectives as well as provide timber resources to the community

9South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-3 Number of Trees and Volume per Diameter Class

Estimated Number Estimated Percent of

of Trees to Percent of Volume IDiameter Total Sale

Harvest I Total Trees DiameterClass Harvest

Diameter Class for the Sale Class Volume

(All Species) (MBF) 8 1908 13 53 2

10 2515 18 106 4 12 2496 18 176 6 14 1945 14 255 9 16 1411 10 257 9 18 1257 9 329 11 20 840 6 325 11 22 659 5 337 12 24 443 3 297 10 26 251 2 207 7 28 208 147 196 7 30 55 039 89 3 32 90 064 145 5 34 37 026 68 2 36 16 011 32 110 38 5 004 12 042 40 5 004 14 050

Totals 14141 100 2901 100

An additional501 acres in T39S R07W Section 3 will be treated under the NSA which represents 67 of the BLM land within the project area (See Item 11 below for more explanation)

Other units totaling 521 acres (Table DR-4) including commercial thinning density management understory reductionspecial forest product removal will also be treated under Alternative 2 It is likely that these units will be treated through special forest product removal small sales or stewardship contracting The silviculture prescriptions described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 will be applied Slash generated by harvest activity will be handpiled and burned in all units Fuel hazard reduction activities such as understory thinning underburning andor machine masticator (slashbuster) will be done as proposed in Alternative 2

South Deer LMP Decision Record I FONSI September 1 2005 10

bull bull Table DR-4 Alternative 2 Harvest Units-Special Forest Products (SFP) Pole Sales Stewardship Contractin2 Unit (01) Acres (01) Harvest Type Logging Method 39S-7W-4-002 61 DMUR TractorCable 39S-7W-4-006 22 DMUR TractorCable 39S-7W-4-008 22 DMUR Tractor 38S-8W-13-005B 28 DMUR TractorCable 38S-7W-21-012 25 DMUR Tractor 38S-7W-23-003 57 DMUR TractorCable 38S-7W-33-002 90 DMUR TractorCable 38S-7W-35-002B 24 DMUR Cable 38S-7W-35-006 15 DMUR TractorCable 38S-7W-35-009 22 DMUR Cable 39S-7W-5-002 75 DMUR TractorCable 39S-7W-5-003 28 DMUR TractorCable 39S-7W-5-005 52 DMUR TractorCable TOTAL 521

Rationale Current stand densities are higher than desired leaving trees susceptible to insects disease and fire Release to pine and oak will perpetuate these stand components which are currently threatened by high stand densities understory competition high canopy closures and high duff layers Treatments are designed to retain multiple canopy layers snags and down wood and large hardwoods in order to promote structural diversity Harvest within older sera stands will reduce stand densities perpetuate the historic mixture of tree species promote a multi-layered stand structure reduce the risk of a stand replacement fire and contribute to meeting the BLMs commitment to provide timberforest resources to the local regional and the national community

Fire exclusion over the past decade has resulted in a significant departure from the historical range ofnatural fire and the risk of loosing forested stands is high As a result the changes to species composition structural stage stand age dead fuel loadings and high stand densities have increased the risk of large high intensity stand replacement fires which have the potential to degrade older seral stands Thinning and prescribed fire treatments for these stands will reduce surface and ladder fuels thus reducing the potential for stand replacement fire

Regeneration harvest proposed for 38S-7W -22-006A Unit 22-6 (15 acres) under NGFMA harvest guidelines is allowed in the RMP which says that there will be local situations in SGFMA that should be managed under NGFMA guidelines (RMP p 73) The rationale for utilizing NGFMA harvest guidelines in this unit versus SGFMA is discussed in the EA To summarize the understory of this previously harvested unit (shelterwood harvest in 1974) is currently dominated by huckleberry and tanoak virtually excluding Douglas-fir regeneration It is believed that allowing more sunlight into this northern exposure unit (by sufficiently reducing the canopy closure) will allow conifer regeneration to successfully out-compete the hardwood and brush species on this high productivity site thus promoting a desired multi-storied conifer stand

11South Deer LMP Decision Record I FONSI September 1 2005

bull bull 3 Young StandForest Development (EA p 13)

Decision Implement the young stand treatments as proposed in Alternative 2 with the exception of those stands in 39-7-3 that were identified for young stand management young stands in section 3 are selected for treatment as proposed in Alternative 4 After the young stand treatment is completed for a unit a separate and unit specific fuel fire hazard assessment will be conducted to evaluate the post treatment conditions and determine the appropriate follow-up fuel treatment All activity generated slash within the CAR boundary will be treated as described in Appendix B Table B-2

Rationale The proposed action under Alternative 2 addresses the need to reduce competition from brush and hardwoods in order to further the development of these early seral stands into a diverse productive mid seral forest condition Selective thinning which retains a range of leave species including hardwoods will promote stand diversity and maintain vigorous crowns Pruning of lower limbs will promote the production of clear high value wood while also raising canopy base height reducing the potential for crown fire The initial and inter-planting of the appropriate tree species for each site will ensure stocking levels are adequate to provide longshyterm forest development in areas where regeneration is currently lacking The suite of treatments under Alternative 2 will meet long term RMP forest product and habitat goals of both the matrix and riparian reserves land allocations (see riparian reserve section) Young stands are a priority for treatment under Alternative 4 and implementing this alternative in section 3 will allow an opportunity to demonstrate the effectiveness of the approach of the NSA in young stand development

4 Wildlife -100 Acre Spotted Owl Core Areas (EA p 14)

Decision Vegetation treatments within spotted owl core areas would not be implemented at this time but these units may be packaged with a future action or implemented in a future decision

Rationale The current condition of the spotted owl core areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction will address the purpose and need to lower tree densities reduce fuel loading and enhance developmentretention of late-successional characteristics However work in 100 acre spotted owl cores requires review from the Regional Ecosystem Office and this has not been completed at this time therefore decisions regarding proposed treatments within the 1 00-acre spotted owl core areas will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas may be made in the future and will be documented in a separate Decision Record(s)

12South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

13South Deer LMP Decision Record I FONSJ September I 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull occur within riparian reserves and fewer acres of matrix land would receive fuels treatments in Alternative 3 Other more specific rationale supporting the finding that Alternative 2 best meets the stated purpose and need follows

1 Fuel Hazard Reduction (EA pg 5)

Decision The decision is to implement the proposed fuel hazard reduction treatments as described in Alternative 2 (with the exception ofthose areas identified in item 11) to reduce the chance of uncharacteristic fire behavior and meet the goals and objectives of the Healthy Forest Initiative and National Fire Plan Alternative 2 treats the greatest number of high hazard acres which are acres within the designated Communities at Risk (CAR) and Wildland Urban Interface (WUI) acres Approximately 94 of the project area is within the CAR and WUI designations Fuels hazard reduction will occur on approximately 2623 acres with natural fuels Natural and activity fuels reduction will occur on approximately 1 215 acres and up to 1310 acres of treatments following young stand management activities In addition Alternative 2 will treat approximately 985 acres ofriparian reserves (Table DR-1) The greatest level of fuels reduction treatments in stands classified as Fire Regime Condition Class 3 would be improved one to two condition classes under Alternative 2 Understory thinning for fuel hazard reduction will meet silviculture treatment objectives for each stand Machine masticator (ie slashbuster) use would be limited to those areas identified in EA Table 2-1 As noted in the proposed action all units that receive any type of vegetation treatment (ie pre-commercial thinning brushing commercial thinning harvesting slashing etc) will be evaluated using the BLMs Fuel HazardRisk Assessment and Treatment Recommendations analysis process after treatment and prior to implementing fuel reduction treatments This is to ensure that the appropriate fuel reduction treatments are applied to meet the fuel loadings fire hazard reduction and other resource and safety goals Based on this review and analysis the proposed fuel reduction treatments may be modified adjusted or dropped so as to better accomplish silvicultural objectives resource protection objectives within the implementation considerations and that take advantage of opportunities to build on concurrent efforts (ie Josephine County or private property fuel hazard reduction treatments) Substantial changes to the proposed treatments are not anticipated Those changes that are made will be consistent with the descriptions overall extent and impacts addressed in the EA and its range of fuel treatments alternatives In some instances for example hand piling of slash and pile burning will be utilized when prescribed under burning is not advisable or where high surface fuel loadings exist andor it is operationally impractical to implement because of considerable risk to ecological processes resource values or private property and rural residences Any changes that do occur will be within the scope ofoverall effects anticipated and analyzed in the EA

Due to public comments to the EA and to topographic setting fewer acres of fuel hazard reduction than were analyzed in Alternative 2 will likely be accomplished From the list ofunits in Alternative 2 that have been identified for fuel hazard reduction a prioritization process will identify units most in need of treatment and those will be treated first Work will progress from the highest priority units to the lowest with the highest being those in the CARWUI and around homes Activity-generated fuels will also be given the highest priority for treatment

6South Deer LMP Decision Record I FONSJ September 1 2005

bull bull Table DR-1 Fuel hazard reduction treatment acres by management theme

Alternative 2 Management Theme

Matrix acres Riparian acres Fuel Hazard Reduction 2623 497

Commercial Harvest Units 1215 227 Young Stand Management

1310 261Units

Total 5148 985

Includes fuel hazard reduction in special management areas (BEMA and Core Areas)

Rationale Fuel hazard reduction treatments of both activity-generated fuels and fuels in otherwise unmanaged stands are an important aspect of the project particularly in areas in the rural interface Reducing fuel loadings and altering fuel profiles will in the event of a wildfire make suppression efforts safer and more effective The reduction in surface fuel loadings crown bulk densities and the increase in crown base height will decrease the probability of crown fires and aid in returning historic fire regimes to near their natural range of variability Alternative 2 will treat approximately 985 acres of riparian reserves in order to decrease the potential for high intensity fires within the corridor and promote tree vigor and health thus moving riparian conditions toward meeting ACS objectives Priority treatment areas include CARs and WUis Implementation of the selected alternative will result in a project most consistent with the objectives and vision of the Josephine County Integrated Fire Plan and the National Fire Plan

2 Older Seral Stage Stand Treatments (EA p 8)

Decision Implement stand harvest treatments including post harvest treatments as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) These treatments include commercial thinning density management modified group selection group selection regeneration harvest and understory reduction as described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 The 15-acre regeneration harvest in 38Sshy7W-22-006A would leave 8 to 10 large conifersacre and all hardwoods gt 16 dbh as per the Northern General Forest Management Area (NGFMA) guidelines (RMP p 73)

The decision is to proceed immediately with timber harvest on units identified on approximately 378 acres of the 1215 acres ofmatrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 (Table DR-2) These will be packaged into the South Deer Timber Sale

As summarized in Table DR-2 ofthe 1215 acres of matrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 timber sale harvest units total only 755 acres Of the 755 unit acres 378 acres is the sum of the actual timber sale harvest units including 1 acre of right-of-way This represents approximately 5 of the BLM acres in the project area and approximately 05 of the 72679 acre Deer Creek watershed

7South Deer LMP Decision Record I FONSI September 1 2005

bull Table DR-2 South Deer Timber Sale Harvest Units and Acres

bull Unit (01)

39S-7W-4-001

38S-8W-13-002A

38S-8W-13-002B

38S-8W-13-006 38S-8W-13-008B 38S-8W-13-007A

38S-8W-13-009

38S-7W-17-001

38S-7W-17-002

38S-7W-21-003A 38S-7W-21-003B

38S-7W-21-003C 38S-7W-21-010

38S-7W-21-011

38S-7W-21-013A

38S-7W-21-013B 38S-7W-22-006B 38S-7W-22-006A

38S-7W-22-007C 38S-7W-21-003C 38S-7W-21-003A 38S-7W-23-004

38S-7W-26-001

38S-7W -26-003A 38S-7W -26-003B

Acres (01)

42

37

34 11

27

26

129

78

25

27

20

125

33

67

29

Timber Sale Unit (acres)

4-1 (25)

13-2A (151

13-2A (12) 13-6 (32) 13-7 (14) 13-9 (20)_

17-1A (5)

17-1B (50)

21-3A (22)

21-3B (12)

21-10 (13)

21-11 (8)

21-13A (12)

21-13B (13) 22-6 (15) 22-7 (41)

23-4 (9)

26-1 (20) 26-3 (12)

Harvest Logging Type Method

DMModGS Cable

DMModGS Tractor

DMModGS Cable

DM TractorCable DM TractorCable DMModGS Cable

DM Cable

DMModGS Tractor

Cable

CT Tractor Cable

DMModGS Helicopter

DMModGS Tractor

DMModGS Helicopter

CT Cable

RH TractorCable

DMModGS Helicopter

DMModGS Cable

DM Helicopter

CT Helicopter

South Deer LMP Decision Record I FONS September I 2005 8

bull bull Unit (01) Acres Timber Sale Harvest Logging

(01) Unit Type Method __acre~

38S-7W-27-004 27-4A DM Tractor (9)

45 27-4B DM Helicopter (18)

Right of Way (1) TOTAL 378 ac Approximately

29mmbf The dtfference between the 01 Umt acreage and the harvest umt acreage reflects on-the-ground layout decisions based on harvest feasibility etc The 01 unit acreage excluded from a timber sale harvest unit may be treated later under another contract such as fuel reduction or a form of alternative contracting such as stewardship CT=commercial thin RH=regeneration harvest DM=density management Mod GS=modified group selection GS=group selection

The silvicultural prescription and marking guidelines call for variable density commercial thinning and modified group selection in the units proposed for harvest with the exception of one regeneration harvest unit In general such a harvest regime favors retention of the large dominant trees with the suppressed and intermediate trees (the smaller trees) targeted for removal Individual trees that display old-growth characteristics would be favored for retention Imposing a strict diameter limit on a harvest regime is felt to be inappropriate and an artificial limitation that does not meet the objectives for forest health Trees marked for harvest in the South Deer timber sale are heavily weighted towards the smaller size classes only 9 of the volume is represented by trees ~32 dbh See Table DR-3 These trees have been identified for harvest to reduce stand density and to help meet forest health objectives as well as provide timber resources to the community

9South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-3 Number of Trees and Volume per Diameter Class

Estimated Number Estimated Percent of

of Trees to Percent of Volume IDiameter Total Sale

Harvest I Total Trees DiameterClass Harvest

Diameter Class for the Sale Class Volume

(All Species) (MBF) 8 1908 13 53 2

10 2515 18 106 4 12 2496 18 176 6 14 1945 14 255 9 16 1411 10 257 9 18 1257 9 329 11 20 840 6 325 11 22 659 5 337 12 24 443 3 297 10 26 251 2 207 7 28 208 147 196 7 30 55 039 89 3 32 90 064 145 5 34 37 026 68 2 36 16 011 32 110 38 5 004 12 042 40 5 004 14 050

Totals 14141 100 2901 100

An additional501 acres in T39S R07W Section 3 will be treated under the NSA which represents 67 of the BLM land within the project area (See Item 11 below for more explanation)

Other units totaling 521 acres (Table DR-4) including commercial thinning density management understory reductionspecial forest product removal will also be treated under Alternative 2 It is likely that these units will be treated through special forest product removal small sales or stewardship contracting The silviculture prescriptions described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 will be applied Slash generated by harvest activity will be handpiled and burned in all units Fuel hazard reduction activities such as understory thinning underburning andor machine masticator (slashbuster) will be done as proposed in Alternative 2

South Deer LMP Decision Record I FONSI September 1 2005 10

bull bull Table DR-4 Alternative 2 Harvest Units-Special Forest Products (SFP) Pole Sales Stewardship Contractin2 Unit (01) Acres (01) Harvest Type Logging Method 39S-7W-4-002 61 DMUR TractorCable 39S-7W-4-006 22 DMUR TractorCable 39S-7W-4-008 22 DMUR Tractor 38S-8W-13-005B 28 DMUR TractorCable 38S-7W-21-012 25 DMUR Tractor 38S-7W-23-003 57 DMUR TractorCable 38S-7W-33-002 90 DMUR TractorCable 38S-7W-35-002B 24 DMUR Cable 38S-7W-35-006 15 DMUR TractorCable 38S-7W-35-009 22 DMUR Cable 39S-7W-5-002 75 DMUR TractorCable 39S-7W-5-003 28 DMUR TractorCable 39S-7W-5-005 52 DMUR TractorCable TOTAL 521

Rationale Current stand densities are higher than desired leaving trees susceptible to insects disease and fire Release to pine and oak will perpetuate these stand components which are currently threatened by high stand densities understory competition high canopy closures and high duff layers Treatments are designed to retain multiple canopy layers snags and down wood and large hardwoods in order to promote structural diversity Harvest within older sera stands will reduce stand densities perpetuate the historic mixture of tree species promote a multi-layered stand structure reduce the risk of a stand replacement fire and contribute to meeting the BLMs commitment to provide timberforest resources to the local regional and the national community

Fire exclusion over the past decade has resulted in a significant departure from the historical range ofnatural fire and the risk of loosing forested stands is high As a result the changes to species composition structural stage stand age dead fuel loadings and high stand densities have increased the risk of large high intensity stand replacement fires which have the potential to degrade older seral stands Thinning and prescribed fire treatments for these stands will reduce surface and ladder fuels thus reducing the potential for stand replacement fire

Regeneration harvest proposed for 38S-7W -22-006A Unit 22-6 (15 acres) under NGFMA harvest guidelines is allowed in the RMP which says that there will be local situations in SGFMA that should be managed under NGFMA guidelines (RMP p 73) The rationale for utilizing NGFMA harvest guidelines in this unit versus SGFMA is discussed in the EA To summarize the understory of this previously harvested unit (shelterwood harvest in 1974) is currently dominated by huckleberry and tanoak virtually excluding Douglas-fir regeneration It is believed that allowing more sunlight into this northern exposure unit (by sufficiently reducing the canopy closure) will allow conifer regeneration to successfully out-compete the hardwood and brush species on this high productivity site thus promoting a desired multi-storied conifer stand

11South Deer LMP Decision Record I FONSI September 1 2005

bull bull 3 Young StandForest Development (EA p 13)

Decision Implement the young stand treatments as proposed in Alternative 2 with the exception of those stands in 39-7-3 that were identified for young stand management young stands in section 3 are selected for treatment as proposed in Alternative 4 After the young stand treatment is completed for a unit a separate and unit specific fuel fire hazard assessment will be conducted to evaluate the post treatment conditions and determine the appropriate follow-up fuel treatment All activity generated slash within the CAR boundary will be treated as described in Appendix B Table B-2

Rationale The proposed action under Alternative 2 addresses the need to reduce competition from brush and hardwoods in order to further the development of these early seral stands into a diverse productive mid seral forest condition Selective thinning which retains a range of leave species including hardwoods will promote stand diversity and maintain vigorous crowns Pruning of lower limbs will promote the production of clear high value wood while also raising canopy base height reducing the potential for crown fire The initial and inter-planting of the appropriate tree species for each site will ensure stocking levels are adequate to provide longshyterm forest development in areas where regeneration is currently lacking The suite of treatments under Alternative 2 will meet long term RMP forest product and habitat goals of both the matrix and riparian reserves land allocations (see riparian reserve section) Young stands are a priority for treatment under Alternative 4 and implementing this alternative in section 3 will allow an opportunity to demonstrate the effectiveness of the approach of the NSA in young stand development

4 Wildlife -100 Acre Spotted Owl Core Areas (EA p 14)

Decision Vegetation treatments within spotted owl core areas would not be implemented at this time but these units may be packaged with a future action or implemented in a future decision

Rationale The current condition of the spotted owl core areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction will address the purpose and need to lower tree densities reduce fuel loading and enhance developmentretention of late-successional characteristics However work in 100 acre spotted owl cores requires review from the Regional Ecosystem Office and this has not been completed at this time therefore decisions regarding proposed treatments within the 1 00-acre spotted owl core areas will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas may be made in the future and will be documented in a separate Decision Record(s)

12South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

13South Deer LMP Decision Record I FONSJ September I 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull Table DR-1 Fuel hazard reduction treatment acres by management theme

Alternative 2 Management Theme

Matrix acres Riparian acres Fuel Hazard Reduction 2623 497

Commercial Harvest Units 1215 227 Young Stand Management

1310 261Units

Total 5148 985

Includes fuel hazard reduction in special management areas (BEMA and Core Areas)

Rationale Fuel hazard reduction treatments of both activity-generated fuels and fuels in otherwise unmanaged stands are an important aspect of the project particularly in areas in the rural interface Reducing fuel loadings and altering fuel profiles will in the event of a wildfire make suppression efforts safer and more effective The reduction in surface fuel loadings crown bulk densities and the increase in crown base height will decrease the probability of crown fires and aid in returning historic fire regimes to near their natural range of variability Alternative 2 will treat approximately 985 acres of riparian reserves in order to decrease the potential for high intensity fires within the corridor and promote tree vigor and health thus moving riparian conditions toward meeting ACS objectives Priority treatment areas include CARs and WUis Implementation of the selected alternative will result in a project most consistent with the objectives and vision of the Josephine County Integrated Fire Plan and the National Fire Plan

2 Older Seral Stage Stand Treatments (EA p 8)

Decision Implement stand harvest treatments including post harvest treatments as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) These treatments include commercial thinning density management modified group selection group selection regeneration harvest and understory reduction as described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 The 15-acre regeneration harvest in 38Sshy7W-22-006A would leave 8 to 10 large conifersacre and all hardwoods gt 16 dbh as per the Northern General Forest Management Area (NGFMA) guidelines (RMP p 73)

The decision is to proceed immediately with timber harvest on units identified on approximately 378 acres of the 1215 acres ofmatrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 (Table DR-2) These will be packaged into the South Deer Timber Sale

As summarized in Table DR-2 ofthe 1215 acres of matrix and 227 acres of riparian reserves analyzed for potential harvest in Alternative 2 timber sale harvest units total only 755 acres Of the 755 unit acres 378 acres is the sum of the actual timber sale harvest units including 1 acre of right-of-way This represents approximately 5 of the BLM acres in the project area and approximately 05 of the 72679 acre Deer Creek watershed

7South Deer LMP Decision Record I FONSI September 1 2005

bull Table DR-2 South Deer Timber Sale Harvest Units and Acres

bull Unit (01)

39S-7W-4-001

38S-8W-13-002A

38S-8W-13-002B

38S-8W-13-006 38S-8W-13-008B 38S-8W-13-007A

38S-8W-13-009

38S-7W-17-001

38S-7W-17-002

38S-7W-21-003A 38S-7W-21-003B

38S-7W-21-003C 38S-7W-21-010

38S-7W-21-011

38S-7W-21-013A

38S-7W-21-013B 38S-7W-22-006B 38S-7W-22-006A

38S-7W-22-007C 38S-7W-21-003C 38S-7W-21-003A 38S-7W-23-004

38S-7W-26-001

38S-7W -26-003A 38S-7W -26-003B

Acres (01)

42

37

34 11

27

26

129

78

25

27

20

125

33

67

29

Timber Sale Unit (acres)

4-1 (25)

13-2A (151

13-2A (12) 13-6 (32) 13-7 (14) 13-9 (20)_

17-1A (5)

17-1B (50)

21-3A (22)

21-3B (12)

21-10 (13)

21-11 (8)

21-13A (12)

21-13B (13) 22-6 (15) 22-7 (41)

23-4 (9)

26-1 (20) 26-3 (12)

Harvest Logging Type Method

DMModGS Cable

DMModGS Tractor

DMModGS Cable

DM TractorCable DM TractorCable DMModGS Cable

DM Cable

DMModGS Tractor

Cable

CT Tractor Cable

DMModGS Helicopter

DMModGS Tractor

DMModGS Helicopter

CT Cable

RH TractorCable

DMModGS Helicopter

DMModGS Cable

DM Helicopter

CT Helicopter

South Deer LMP Decision Record I FONS September I 2005 8

bull bull Unit (01) Acres Timber Sale Harvest Logging

(01) Unit Type Method __acre~

38S-7W-27-004 27-4A DM Tractor (9)

45 27-4B DM Helicopter (18)

Right of Way (1) TOTAL 378 ac Approximately

29mmbf The dtfference between the 01 Umt acreage and the harvest umt acreage reflects on-the-ground layout decisions based on harvest feasibility etc The 01 unit acreage excluded from a timber sale harvest unit may be treated later under another contract such as fuel reduction or a form of alternative contracting such as stewardship CT=commercial thin RH=regeneration harvest DM=density management Mod GS=modified group selection GS=group selection

The silvicultural prescription and marking guidelines call for variable density commercial thinning and modified group selection in the units proposed for harvest with the exception of one regeneration harvest unit In general such a harvest regime favors retention of the large dominant trees with the suppressed and intermediate trees (the smaller trees) targeted for removal Individual trees that display old-growth characteristics would be favored for retention Imposing a strict diameter limit on a harvest regime is felt to be inappropriate and an artificial limitation that does not meet the objectives for forest health Trees marked for harvest in the South Deer timber sale are heavily weighted towards the smaller size classes only 9 of the volume is represented by trees ~32 dbh See Table DR-3 These trees have been identified for harvest to reduce stand density and to help meet forest health objectives as well as provide timber resources to the community

9South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-3 Number of Trees and Volume per Diameter Class

Estimated Number Estimated Percent of

of Trees to Percent of Volume IDiameter Total Sale

Harvest I Total Trees DiameterClass Harvest

Diameter Class for the Sale Class Volume

(All Species) (MBF) 8 1908 13 53 2

10 2515 18 106 4 12 2496 18 176 6 14 1945 14 255 9 16 1411 10 257 9 18 1257 9 329 11 20 840 6 325 11 22 659 5 337 12 24 443 3 297 10 26 251 2 207 7 28 208 147 196 7 30 55 039 89 3 32 90 064 145 5 34 37 026 68 2 36 16 011 32 110 38 5 004 12 042 40 5 004 14 050

Totals 14141 100 2901 100

An additional501 acres in T39S R07W Section 3 will be treated under the NSA which represents 67 of the BLM land within the project area (See Item 11 below for more explanation)

Other units totaling 521 acres (Table DR-4) including commercial thinning density management understory reductionspecial forest product removal will also be treated under Alternative 2 It is likely that these units will be treated through special forest product removal small sales or stewardship contracting The silviculture prescriptions described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 will be applied Slash generated by harvest activity will be handpiled and burned in all units Fuel hazard reduction activities such as understory thinning underburning andor machine masticator (slashbuster) will be done as proposed in Alternative 2

South Deer LMP Decision Record I FONSI September 1 2005 10

bull bull Table DR-4 Alternative 2 Harvest Units-Special Forest Products (SFP) Pole Sales Stewardship Contractin2 Unit (01) Acres (01) Harvest Type Logging Method 39S-7W-4-002 61 DMUR TractorCable 39S-7W-4-006 22 DMUR TractorCable 39S-7W-4-008 22 DMUR Tractor 38S-8W-13-005B 28 DMUR TractorCable 38S-7W-21-012 25 DMUR Tractor 38S-7W-23-003 57 DMUR TractorCable 38S-7W-33-002 90 DMUR TractorCable 38S-7W-35-002B 24 DMUR Cable 38S-7W-35-006 15 DMUR TractorCable 38S-7W-35-009 22 DMUR Cable 39S-7W-5-002 75 DMUR TractorCable 39S-7W-5-003 28 DMUR TractorCable 39S-7W-5-005 52 DMUR TractorCable TOTAL 521

Rationale Current stand densities are higher than desired leaving trees susceptible to insects disease and fire Release to pine and oak will perpetuate these stand components which are currently threatened by high stand densities understory competition high canopy closures and high duff layers Treatments are designed to retain multiple canopy layers snags and down wood and large hardwoods in order to promote structural diversity Harvest within older sera stands will reduce stand densities perpetuate the historic mixture of tree species promote a multi-layered stand structure reduce the risk of a stand replacement fire and contribute to meeting the BLMs commitment to provide timberforest resources to the local regional and the national community

Fire exclusion over the past decade has resulted in a significant departure from the historical range ofnatural fire and the risk of loosing forested stands is high As a result the changes to species composition structural stage stand age dead fuel loadings and high stand densities have increased the risk of large high intensity stand replacement fires which have the potential to degrade older seral stands Thinning and prescribed fire treatments for these stands will reduce surface and ladder fuels thus reducing the potential for stand replacement fire

Regeneration harvest proposed for 38S-7W -22-006A Unit 22-6 (15 acres) under NGFMA harvest guidelines is allowed in the RMP which says that there will be local situations in SGFMA that should be managed under NGFMA guidelines (RMP p 73) The rationale for utilizing NGFMA harvest guidelines in this unit versus SGFMA is discussed in the EA To summarize the understory of this previously harvested unit (shelterwood harvest in 1974) is currently dominated by huckleberry and tanoak virtually excluding Douglas-fir regeneration It is believed that allowing more sunlight into this northern exposure unit (by sufficiently reducing the canopy closure) will allow conifer regeneration to successfully out-compete the hardwood and brush species on this high productivity site thus promoting a desired multi-storied conifer stand

11South Deer LMP Decision Record I FONSI September 1 2005

bull bull 3 Young StandForest Development (EA p 13)

Decision Implement the young stand treatments as proposed in Alternative 2 with the exception of those stands in 39-7-3 that were identified for young stand management young stands in section 3 are selected for treatment as proposed in Alternative 4 After the young stand treatment is completed for a unit a separate and unit specific fuel fire hazard assessment will be conducted to evaluate the post treatment conditions and determine the appropriate follow-up fuel treatment All activity generated slash within the CAR boundary will be treated as described in Appendix B Table B-2

Rationale The proposed action under Alternative 2 addresses the need to reduce competition from brush and hardwoods in order to further the development of these early seral stands into a diverse productive mid seral forest condition Selective thinning which retains a range of leave species including hardwoods will promote stand diversity and maintain vigorous crowns Pruning of lower limbs will promote the production of clear high value wood while also raising canopy base height reducing the potential for crown fire The initial and inter-planting of the appropriate tree species for each site will ensure stocking levels are adequate to provide longshyterm forest development in areas where regeneration is currently lacking The suite of treatments under Alternative 2 will meet long term RMP forest product and habitat goals of both the matrix and riparian reserves land allocations (see riparian reserve section) Young stands are a priority for treatment under Alternative 4 and implementing this alternative in section 3 will allow an opportunity to demonstrate the effectiveness of the approach of the NSA in young stand development

4 Wildlife -100 Acre Spotted Owl Core Areas (EA p 14)

Decision Vegetation treatments within spotted owl core areas would not be implemented at this time but these units may be packaged with a future action or implemented in a future decision

Rationale The current condition of the spotted owl core areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction will address the purpose and need to lower tree densities reduce fuel loading and enhance developmentretention of late-successional characteristics However work in 100 acre spotted owl cores requires review from the Regional Ecosystem Office and this has not been completed at this time therefore decisions regarding proposed treatments within the 1 00-acre spotted owl core areas will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas may be made in the future and will be documented in a separate Decision Record(s)

12South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

13South Deer LMP Decision Record I FONSJ September I 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull Table DR-2 South Deer Timber Sale Harvest Units and Acres

bull Unit (01)

39S-7W-4-001

38S-8W-13-002A

38S-8W-13-002B

38S-8W-13-006 38S-8W-13-008B 38S-8W-13-007A

38S-8W-13-009

38S-7W-17-001

38S-7W-17-002

38S-7W-21-003A 38S-7W-21-003B

38S-7W-21-003C 38S-7W-21-010

38S-7W-21-011

38S-7W-21-013A

38S-7W-21-013B 38S-7W-22-006B 38S-7W-22-006A

38S-7W-22-007C 38S-7W-21-003C 38S-7W-21-003A 38S-7W-23-004

38S-7W-26-001

38S-7W -26-003A 38S-7W -26-003B

Acres (01)

42

37

34 11

27

26

129

78

25

27

20

125

33

67

29

Timber Sale Unit (acres)

4-1 (25)

13-2A (151

13-2A (12) 13-6 (32) 13-7 (14) 13-9 (20)_

17-1A (5)

17-1B (50)

21-3A (22)

21-3B (12)

21-10 (13)

21-11 (8)

21-13A (12)

21-13B (13) 22-6 (15) 22-7 (41)

23-4 (9)

26-1 (20) 26-3 (12)

Harvest Logging Type Method

DMModGS Cable

DMModGS Tractor

DMModGS Cable

DM TractorCable DM TractorCable DMModGS Cable

DM Cable

DMModGS Tractor

Cable

CT Tractor Cable

DMModGS Helicopter

DMModGS Tractor

DMModGS Helicopter

CT Cable

RH TractorCable

DMModGS Helicopter

DMModGS Cable

DM Helicopter

CT Helicopter

South Deer LMP Decision Record I FONS September I 2005 8

bull bull Unit (01) Acres Timber Sale Harvest Logging

(01) Unit Type Method __acre~

38S-7W-27-004 27-4A DM Tractor (9)

45 27-4B DM Helicopter (18)

Right of Way (1) TOTAL 378 ac Approximately

29mmbf The dtfference between the 01 Umt acreage and the harvest umt acreage reflects on-the-ground layout decisions based on harvest feasibility etc The 01 unit acreage excluded from a timber sale harvest unit may be treated later under another contract such as fuel reduction or a form of alternative contracting such as stewardship CT=commercial thin RH=regeneration harvest DM=density management Mod GS=modified group selection GS=group selection

The silvicultural prescription and marking guidelines call for variable density commercial thinning and modified group selection in the units proposed for harvest with the exception of one regeneration harvest unit In general such a harvest regime favors retention of the large dominant trees with the suppressed and intermediate trees (the smaller trees) targeted for removal Individual trees that display old-growth characteristics would be favored for retention Imposing a strict diameter limit on a harvest regime is felt to be inappropriate and an artificial limitation that does not meet the objectives for forest health Trees marked for harvest in the South Deer timber sale are heavily weighted towards the smaller size classes only 9 of the volume is represented by trees ~32 dbh See Table DR-3 These trees have been identified for harvest to reduce stand density and to help meet forest health objectives as well as provide timber resources to the community

9South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-3 Number of Trees and Volume per Diameter Class

Estimated Number Estimated Percent of

of Trees to Percent of Volume IDiameter Total Sale

Harvest I Total Trees DiameterClass Harvest

Diameter Class for the Sale Class Volume

(All Species) (MBF) 8 1908 13 53 2

10 2515 18 106 4 12 2496 18 176 6 14 1945 14 255 9 16 1411 10 257 9 18 1257 9 329 11 20 840 6 325 11 22 659 5 337 12 24 443 3 297 10 26 251 2 207 7 28 208 147 196 7 30 55 039 89 3 32 90 064 145 5 34 37 026 68 2 36 16 011 32 110 38 5 004 12 042 40 5 004 14 050

Totals 14141 100 2901 100

An additional501 acres in T39S R07W Section 3 will be treated under the NSA which represents 67 of the BLM land within the project area (See Item 11 below for more explanation)

Other units totaling 521 acres (Table DR-4) including commercial thinning density management understory reductionspecial forest product removal will also be treated under Alternative 2 It is likely that these units will be treated through special forest product removal small sales or stewardship contracting The silviculture prescriptions described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 will be applied Slash generated by harvest activity will be handpiled and burned in all units Fuel hazard reduction activities such as understory thinning underburning andor machine masticator (slashbuster) will be done as proposed in Alternative 2

South Deer LMP Decision Record I FONSI September 1 2005 10

bull bull Table DR-4 Alternative 2 Harvest Units-Special Forest Products (SFP) Pole Sales Stewardship Contractin2 Unit (01) Acres (01) Harvest Type Logging Method 39S-7W-4-002 61 DMUR TractorCable 39S-7W-4-006 22 DMUR TractorCable 39S-7W-4-008 22 DMUR Tractor 38S-8W-13-005B 28 DMUR TractorCable 38S-7W-21-012 25 DMUR Tractor 38S-7W-23-003 57 DMUR TractorCable 38S-7W-33-002 90 DMUR TractorCable 38S-7W-35-002B 24 DMUR Cable 38S-7W-35-006 15 DMUR TractorCable 38S-7W-35-009 22 DMUR Cable 39S-7W-5-002 75 DMUR TractorCable 39S-7W-5-003 28 DMUR TractorCable 39S-7W-5-005 52 DMUR TractorCable TOTAL 521

Rationale Current stand densities are higher than desired leaving trees susceptible to insects disease and fire Release to pine and oak will perpetuate these stand components which are currently threatened by high stand densities understory competition high canopy closures and high duff layers Treatments are designed to retain multiple canopy layers snags and down wood and large hardwoods in order to promote structural diversity Harvest within older sera stands will reduce stand densities perpetuate the historic mixture of tree species promote a multi-layered stand structure reduce the risk of a stand replacement fire and contribute to meeting the BLMs commitment to provide timberforest resources to the local regional and the national community

Fire exclusion over the past decade has resulted in a significant departure from the historical range ofnatural fire and the risk of loosing forested stands is high As a result the changes to species composition structural stage stand age dead fuel loadings and high stand densities have increased the risk of large high intensity stand replacement fires which have the potential to degrade older seral stands Thinning and prescribed fire treatments for these stands will reduce surface and ladder fuels thus reducing the potential for stand replacement fire

Regeneration harvest proposed for 38S-7W -22-006A Unit 22-6 (15 acres) under NGFMA harvest guidelines is allowed in the RMP which says that there will be local situations in SGFMA that should be managed under NGFMA guidelines (RMP p 73) The rationale for utilizing NGFMA harvest guidelines in this unit versus SGFMA is discussed in the EA To summarize the understory of this previously harvested unit (shelterwood harvest in 1974) is currently dominated by huckleberry and tanoak virtually excluding Douglas-fir regeneration It is believed that allowing more sunlight into this northern exposure unit (by sufficiently reducing the canopy closure) will allow conifer regeneration to successfully out-compete the hardwood and brush species on this high productivity site thus promoting a desired multi-storied conifer stand

11South Deer LMP Decision Record I FONSI September 1 2005

bull bull 3 Young StandForest Development (EA p 13)

Decision Implement the young stand treatments as proposed in Alternative 2 with the exception of those stands in 39-7-3 that were identified for young stand management young stands in section 3 are selected for treatment as proposed in Alternative 4 After the young stand treatment is completed for a unit a separate and unit specific fuel fire hazard assessment will be conducted to evaluate the post treatment conditions and determine the appropriate follow-up fuel treatment All activity generated slash within the CAR boundary will be treated as described in Appendix B Table B-2

Rationale The proposed action under Alternative 2 addresses the need to reduce competition from brush and hardwoods in order to further the development of these early seral stands into a diverse productive mid seral forest condition Selective thinning which retains a range of leave species including hardwoods will promote stand diversity and maintain vigorous crowns Pruning of lower limbs will promote the production of clear high value wood while also raising canopy base height reducing the potential for crown fire The initial and inter-planting of the appropriate tree species for each site will ensure stocking levels are adequate to provide longshyterm forest development in areas where regeneration is currently lacking The suite of treatments under Alternative 2 will meet long term RMP forest product and habitat goals of both the matrix and riparian reserves land allocations (see riparian reserve section) Young stands are a priority for treatment under Alternative 4 and implementing this alternative in section 3 will allow an opportunity to demonstrate the effectiveness of the approach of the NSA in young stand development

4 Wildlife -100 Acre Spotted Owl Core Areas (EA p 14)

Decision Vegetation treatments within spotted owl core areas would not be implemented at this time but these units may be packaged with a future action or implemented in a future decision

Rationale The current condition of the spotted owl core areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction will address the purpose and need to lower tree densities reduce fuel loading and enhance developmentretention of late-successional characteristics However work in 100 acre spotted owl cores requires review from the Regional Ecosystem Office and this has not been completed at this time therefore decisions regarding proposed treatments within the 1 00-acre spotted owl core areas will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas may be made in the future and will be documented in a separate Decision Record(s)

12South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

13South Deer LMP Decision Record I FONSJ September I 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull Unit (01) Acres Timber Sale Harvest Logging

(01) Unit Type Method __acre~

38S-7W-27-004 27-4A DM Tractor (9)

45 27-4B DM Helicopter (18)

Right of Way (1) TOTAL 378 ac Approximately

29mmbf The dtfference between the 01 Umt acreage and the harvest umt acreage reflects on-the-ground layout decisions based on harvest feasibility etc The 01 unit acreage excluded from a timber sale harvest unit may be treated later under another contract such as fuel reduction or a form of alternative contracting such as stewardship CT=commercial thin RH=regeneration harvest DM=density management Mod GS=modified group selection GS=group selection

The silvicultural prescription and marking guidelines call for variable density commercial thinning and modified group selection in the units proposed for harvest with the exception of one regeneration harvest unit In general such a harvest regime favors retention of the large dominant trees with the suppressed and intermediate trees (the smaller trees) targeted for removal Individual trees that display old-growth characteristics would be favored for retention Imposing a strict diameter limit on a harvest regime is felt to be inappropriate and an artificial limitation that does not meet the objectives for forest health Trees marked for harvest in the South Deer timber sale are heavily weighted towards the smaller size classes only 9 of the volume is represented by trees ~32 dbh See Table DR-3 These trees have been identified for harvest to reduce stand density and to help meet forest health objectives as well as provide timber resources to the community

9South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-3 Number of Trees and Volume per Diameter Class

Estimated Number Estimated Percent of

of Trees to Percent of Volume IDiameter Total Sale

Harvest I Total Trees DiameterClass Harvest

Diameter Class for the Sale Class Volume

(All Species) (MBF) 8 1908 13 53 2

10 2515 18 106 4 12 2496 18 176 6 14 1945 14 255 9 16 1411 10 257 9 18 1257 9 329 11 20 840 6 325 11 22 659 5 337 12 24 443 3 297 10 26 251 2 207 7 28 208 147 196 7 30 55 039 89 3 32 90 064 145 5 34 37 026 68 2 36 16 011 32 110 38 5 004 12 042 40 5 004 14 050

Totals 14141 100 2901 100

An additional501 acres in T39S R07W Section 3 will be treated under the NSA which represents 67 of the BLM land within the project area (See Item 11 below for more explanation)

Other units totaling 521 acres (Table DR-4) including commercial thinning density management understory reductionspecial forest product removal will also be treated under Alternative 2 It is likely that these units will be treated through special forest product removal small sales or stewardship contracting The silviculture prescriptions described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 will be applied Slash generated by harvest activity will be handpiled and burned in all units Fuel hazard reduction activities such as understory thinning underburning andor machine masticator (slashbuster) will be done as proposed in Alternative 2

South Deer LMP Decision Record I FONSI September 1 2005 10

bull bull Table DR-4 Alternative 2 Harvest Units-Special Forest Products (SFP) Pole Sales Stewardship Contractin2 Unit (01) Acres (01) Harvest Type Logging Method 39S-7W-4-002 61 DMUR TractorCable 39S-7W-4-006 22 DMUR TractorCable 39S-7W-4-008 22 DMUR Tractor 38S-8W-13-005B 28 DMUR TractorCable 38S-7W-21-012 25 DMUR Tractor 38S-7W-23-003 57 DMUR TractorCable 38S-7W-33-002 90 DMUR TractorCable 38S-7W-35-002B 24 DMUR Cable 38S-7W-35-006 15 DMUR TractorCable 38S-7W-35-009 22 DMUR Cable 39S-7W-5-002 75 DMUR TractorCable 39S-7W-5-003 28 DMUR TractorCable 39S-7W-5-005 52 DMUR TractorCable TOTAL 521

Rationale Current stand densities are higher than desired leaving trees susceptible to insects disease and fire Release to pine and oak will perpetuate these stand components which are currently threatened by high stand densities understory competition high canopy closures and high duff layers Treatments are designed to retain multiple canopy layers snags and down wood and large hardwoods in order to promote structural diversity Harvest within older sera stands will reduce stand densities perpetuate the historic mixture of tree species promote a multi-layered stand structure reduce the risk of a stand replacement fire and contribute to meeting the BLMs commitment to provide timberforest resources to the local regional and the national community

Fire exclusion over the past decade has resulted in a significant departure from the historical range ofnatural fire and the risk of loosing forested stands is high As a result the changes to species composition structural stage stand age dead fuel loadings and high stand densities have increased the risk of large high intensity stand replacement fires which have the potential to degrade older seral stands Thinning and prescribed fire treatments for these stands will reduce surface and ladder fuels thus reducing the potential for stand replacement fire

Regeneration harvest proposed for 38S-7W -22-006A Unit 22-6 (15 acres) under NGFMA harvest guidelines is allowed in the RMP which says that there will be local situations in SGFMA that should be managed under NGFMA guidelines (RMP p 73) The rationale for utilizing NGFMA harvest guidelines in this unit versus SGFMA is discussed in the EA To summarize the understory of this previously harvested unit (shelterwood harvest in 1974) is currently dominated by huckleberry and tanoak virtually excluding Douglas-fir regeneration It is believed that allowing more sunlight into this northern exposure unit (by sufficiently reducing the canopy closure) will allow conifer regeneration to successfully out-compete the hardwood and brush species on this high productivity site thus promoting a desired multi-storied conifer stand

11South Deer LMP Decision Record I FONSI September 1 2005

bull bull 3 Young StandForest Development (EA p 13)

Decision Implement the young stand treatments as proposed in Alternative 2 with the exception of those stands in 39-7-3 that were identified for young stand management young stands in section 3 are selected for treatment as proposed in Alternative 4 After the young stand treatment is completed for a unit a separate and unit specific fuel fire hazard assessment will be conducted to evaluate the post treatment conditions and determine the appropriate follow-up fuel treatment All activity generated slash within the CAR boundary will be treated as described in Appendix B Table B-2

Rationale The proposed action under Alternative 2 addresses the need to reduce competition from brush and hardwoods in order to further the development of these early seral stands into a diverse productive mid seral forest condition Selective thinning which retains a range of leave species including hardwoods will promote stand diversity and maintain vigorous crowns Pruning of lower limbs will promote the production of clear high value wood while also raising canopy base height reducing the potential for crown fire The initial and inter-planting of the appropriate tree species for each site will ensure stocking levels are adequate to provide longshyterm forest development in areas where regeneration is currently lacking The suite of treatments under Alternative 2 will meet long term RMP forest product and habitat goals of both the matrix and riparian reserves land allocations (see riparian reserve section) Young stands are a priority for treatment under Alternative 4 and implementing this alternative in section 3 will allow an opportunity to demonstrate the effectiveness of the approach of the NSA in young stand development

4 Wildlife -100 Acre Spotted Owl Core Areas (EA p 14)

Decision Vegetation treatments within spotted owl core areas would not be implemented at this time but these units may be packaged with a future action or implemented in a future decision

Rationale The current condition of the spotted owl core areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction will address the purpose and need to lower tree densities reduce fuel loading and enhance developmentretention of late-successional characteristics However work in 100 acre spotted owl cores requires review from the Regional Ecosystem Office and this has not been completed at this time therefore decisions regarding proposed treatments within the 1 00-acre spotted owl core areas will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas may be made in the future and will be documented in a separate Decision Record(s)

12South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

13South Deer LMP Decision Record I FONSJ September I 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull Table DR-3 Number of Trees and Volume per Diameter Class

Estimated Number Estimated Percent of

of Trees to Percent of Volume IDiameter Total Sale

Harvest I Total Trees DiameterClass Harvest

Diameter Class for the Sale Class Volume

(All Species) (MBF) 8 1908 13 53 2

10 2515 18 106 4 12 2496 18 176 6 14 1945 14 255 9 16 1411 10 257 9 18 1257 9 329 11 20 840 6 325 11 22 659 5 337 12 24 443 3 297 10 26 251 2 207 7 28 208 147 196 7 30 55 039 89 3 32 90 064 145 5 34 37 026 68 2 36 16 011 32 110 38 5 004 12 042 40 5 004 14 050

Totals 14141 100 2901 100

An additional501 acres in T39S R07W Section 3 will be treated under the NSA which represents 67 of the BLM land within the project area (See Item 11 below for more explanation)

Other units totaling 521 acres (Table DR-4) including commercial thinning density management understory reductionspecial forest product removal will also be treated under Alternative 2 It is likely that these units will be treated through special forest product removal small sales or stewardship contracting The silviculture prescriptions described in the EA on pages 9 through 12 and detailed in Appendix B Table B-2 will be applied Slash generated by harvest activity will be handpiled and burned in all units Fuel hazard reduction activities such as understory thinning underburning andor machine masticator (slashbuster) will be done as proposed in Alternative 2

South Deer LMP Decision Record I FONSI September 1 2005 10

bull bull Table DR-4 Alternative 2 Harvest Units-Special Forest Products (SFP) Pole Sales Stewardship Contractin2 Unit (01) Acres (01) Harvest Type Logging Method 39S-7W-4-002 61 DMUR TractorCable 39S-7W-4-006 22 DMUR TractorCable 39S-7W-4-008 22 DMUR Tractor 38S-8W-13-005B 28 DMUR TractorCable 38S-7W-21-012 25 DMUR Tractor 38S-7W-23-003 57 DMUR TractorCable 38S-7W-33-002 90 DMUR TractorCable 38S-7W-35-002B 24 DMUR Cable 38S-7W-35-006 15 DMUR TractorCable 38S-7W-35-009 22 DMUR Cable 39S-7W-5-002 75 DMUR TractorCable 39S-7W-5-003 28 DMUR TractorCable 39S-7W-5-005 52 DMUR TractorCable TOTAL 521

Rationale Current stand densities are higher than desired leaving trees susceptible to insects disease and fire Release to pine and oak will perpetuate these stand components which are currently threatened by high stand densities understory competition high canopy closures and high duff layers Treatments are designed to retain multiple canopy layers snags and down wood and large hardwoods in order to promote structural diversity Harvest within older sera stands will reduce stand densities perpetuate the historic mixture of tree species promote a multi-layered stand structure reduce the risk of a stand replacement fire and contribute to meeting the BLMs commitment to provide timberforest resources to the local regional and the national community

Fire exclusion over the past decade has resulted in a significant departure from the historical range ofnatural fire and the risk of loosing forested stands is high As a result the changes to species composition structural stage stand age dead fuel loadings and high stand densities have increased the risk of large high intensity stand replacement fires which have the potential to degrade older seral stands Thinning and prescribed fire treatments for these stands will reduce surface and ladder fuels thus reducing the potential for stand replacement fire

Regeneration harvest proposed for 38S-7W -22-006A Unit 22-6 (15 acres) under NGFMA harvest guidelines is allowed in the RMP which says that there will be local situations in SGFMA that should be managed under NGFMA guidelines (RMP p 73) The rationale for utilizing NGFMA harvest guidelines in this unit versus SGFMA is discussed in the EA To summarize the understory of this previously harvested unit (shelterwood harvest in 1974) is currently dominated by huckleberry and tanoak virtually excluding Douglas-fir regeneration It is believed that allowing more sunlight into this northern exposure unit (by sufficiently reducing the canopy closure) will allow conifer regeneration to successfully out-compete the hardwood and brush species on this high productivity site thus promoting a desired multi-storied conifer stand

11South Deer LMP Decision Record I FONSI September 1 2005

bull bull 3 Young StandForest Development (EA p 13)

Decision Implement the young stand treatments as proposed in Alternative 2 with the exception of those stands in 39-7-3 that were identified for young stand management young stands in section 3 are selected for treatment as proposed in Alternative 4 After the young stand treatment is completed for a unit a separate and unit specific fuel fire hazard assessment will be conducted to evaluate the post treatment conditions and determine the appropriate follow-up fuel treatment All activity generated slash within the CAR boundary will be treated as described in Appendix B Table B-2

Rationale The proposed action under Alternative 2 addresses the need to reduce competition from brush and hardwoods in order to further the development of these early seral stands into a diverse productive mid seral forest condition Selective thinning which retains a range of leave species including hardwoods will promote stand diversity and maintain vigorous crowns Pruning of lower limbs will promote the production of clear high value wood while also raising canopy base height reducing the potential for crown fire The initial and inter-planting of the appropriate tree species for each site will ensure stocking levels are adequate to provide longshyterm forest development in areas where regeneration is currently lacking The suite of treatments under Alternative 2 will meet long term RMP forest product and habitat goals of both the matrix and riparian reserves land allocations (see riparian reserve section) Young stands are a priority for treatment under Alternative 4 and implementing this alternative in section 3 will allow an opportunity to demonstrate the effectiveness of the approach of the NSA in young stand development

4 Wildlife -100 Acre Spotted Owl Core Areas (EA p 14)

Decision Vegetation treatments within spotted owl core areas would not be implemented at this time but these units may be packaged with a future action or implemented in a future decision

Rationale The current condition of the spotted owl core areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction will address the purpose and need to lower tree densities reduce fuel loading and enhance developmentretention of late-successional characteristics However work in 100 acre spotted owl cores requires review from the Regional Ecosystem Office and this has not been completed at this time therefore decisions regarding proposed treatments within the 1 00-acre spotted owl core areas will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas may be made in the future and will be documented in a separate Decision Record(s)

12South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

13South Deer LMP Decision Record I FONSJ September I 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull Table DR-4 Alternative 2 Harvest Units-Special Forest Products (SFP) Pole Sales Stewardship Contractin2 Unit (01) Acres (01) Harvest Type Logging Method 39S-7W-4-002 61 DMUR TractorCable 39S-7W-4-006 22 DMUR TractorCable 39S-7W-4-008 22 DMUR Tractor 38S-8W-13-005B 28 DMUR TractorCable 38S-7W-21-012 25 DMUR Tractor 38S-7W-23-003 57 DMUR TractorCable 38S-7W-33-002 90 DMUR TractorCable 38S-7W-35-002B 24 DMUR Cable 38S-7W-35-006 15 DMUR TractorCable 38S-7W-35-009 22 DMUR Cable 39S-7W-5-002 75 DMUR TractorCable 39S-7W-5-003 28 DMUR TractorCable 39S-7W-5-005 52 DMUR TractorCable TOTAL 521

Rationale Current stand densities are higher than desired leaving trees susceptible to insects disease and fire Release to pine and oak will perpetuate these stand components which are currently threatened by high stand densities understory competition high canopy closures and high duff layers Treatments are designed to retain multiple canopy layers snags and down wood and large hardwoods in order to promote structural diversity Harvest within older sera stands will reduce stand densities perpetuate the historic mixture of tree species promote a multi-layered stand structure reduce the risk of a stand replacement fire and contribute to meeting the BLMs commitment to provide timberforest resources to the local regional and the national community

Fire exclusion over the past decade has resulted in a significant departure from the historical range ofnatural fire and the risk of loosing forested stands is high As a result the changes to species composition structural stage stand age dead fuel loadings and high stand densities have increased the risk of large high intensity stand replacement fires which have the potential to degrade older seral stands Thinning and prescribed fire treatments for these stands will reduce surface and ladder fuels thus reducing the potential for stand replacement fire

Regeneration harvest proposed for 38S-7W -22-006A Unit 22-6 (15 acres) under NGFMA harvest guidelines is allowed in the RMP which says that there will be local situations in SGFMA that should be managed under NGFMA guidelines (RMP p 73) The rationale for utilizing NGFMA harvest guidelines in this unit versus SGFMA is discussed in the EA To summarize the understory of this previously harvested unit (shelterwood harvest in 1974) is currently dominated by huckleberry and tanoak virtually excluding Douglas-fir regeneration It is believed that allowing more sunlight into this northern exposure unit (by sufficiently reducing the canopy closure) will allow conifer regeneration to successfully out-compete the hardwood and brush species on this high productivity site thus promoting a desired multi-storied conifer stand

11South Deer LMP Decision Record I FONSI September 1 2005

bull bull 3 Young StandForest Development (EA p 13)

Decision Implement the young stand treatments as proposed in Alternative 2 with the exception of those stands in 39-7-3 that were identified for young stand management young stands in section 3 are selected for treatment as proposed in Alternative 4 After the young stand treatment is completed for a unit a separate and unit specific fuel fire hazard assessment will be conducted to evaluate the post treatment conditions and determine the appropriate follow-up fuel treatment All activity generated slash within the CAR boundary will be treated as described in Appendix B Table B-2

Rationale The proposed action under Alternative 2 addresses the need to reduce competition from brush and hardwoods in order to further the development of these early seral stands into a diverse productive mid seral forest condition Selective thinning which retains a range of leave species including hardwoods will promote stand diversity and maintain vigorous crowns Pruning of lower limbs will promote the production of clear high value wood while also raising canopy base height reducing the potential for crown fire The initial and inter-planting of the appropriate tree species for each site will ensure stocking levels are adequate to provide longshyterm forest development in areas where regeneration is currently lacking The suite of treatments under Alternative 2 will meet long term RMP forest product and habitat goals of both the matrix and riparian reserves land allocations (see riparian reserve section) Young stands are a priority for treatment under Alternative 4 and implementing this alternative in section 3 will allow an opportunity to demonstrate the effectiveness of the approach of the NSA in young stand development

4 Wildlife -100 Acre Spotted Owl Core Areas (EA p 14)

Decision Vegetation treatments within spotted owl core areas would not be implemented at this time but these units may be packaged with a future action or implemented in a future decision

Rationale The current condition of the spotted owl core areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction will address the purpose and need to lower tree densities reduce fuel loading and enhance developmentretention of late-successional characteristics However work in 100 acre spotted owl cores requires review from the Regional Ecosystem Office and this has not been completed at this time therefore decisions regarding proposed treatments within the 1 00-acre spotted owl core areas will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas may be made in the future and will be documented in a separate Decision Record(s)

12South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

13South Deer LMP Decision Record I FONSJ September I 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull 3 Young StandForest Development (EA p 13)

Decision Implement the young stand treatments as proposed in Alternative 2 with the exception of those stands in 39-7-3 that were identified for young stand management young stands in section 3 are selected for treatment as proposed in Alternative 4 After the young stand treatment is completed for a unit a separate and unit specific fuel fire hazard assessment will be conducted to evaluate the post treatment conditions and determine the appropriate follow-up fuel treatment All activity generated slash within the CAR boundary will be treated as described in Appendix B Table B-2

Rationale The proposed action under Alternative 2 addresses the need to reduce competition from brush and hardwoods in order to further the development of these early seral stands into a diverse productive mid seral forest condition Selective thinning which retains a range of leave species including hardwoods will promote stand diversity and maintain vigorous crowns Pruning of lower limbs will promote the production of clear high value wood while also raising canopy base height reducing the potential for crown fire The initial and inter-planting of the appropriate tree species for each site will ensure stocking levels are adequate to provide longshyterm forest development in areas where regeneration is currently lacking The suite of treatments under Alternative 2 will meet long term RMP forest product and habitat goals of both the matrix and riparian reserves land allocations (see riparian reserve section) Young stands are a priority for treatment under Alternative 4 and implementing this alternative in section 3 will allow an opportunity to demonstrate the effectiveness of the approach of the NSA in young stand development

4 Wildlife -100 Acre Spotted Owl Core Areas (EA p 14)

Decision Vegetation treatments within spotted owl core areas would not be implemented at this time but these units may be packaged with a future action or implemented in a future decision

Rationale The current condition of the spotted owl core areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction will address the purpose and need to lower tree densities reduce fuel loading and enhance developmentretention of late-successional characteristics However work in 100 acre spotted owl cores requires review from the Regional Ecosystem Office and this has not been completed at this time therefore decisions regarding proposed treatments within the 1 00-acre spotted owl core areas will be deferred until the REO has completed their review and submitted their findings to the BLM Decisions regarding the proposed treatments in the 1 00-acre spotted owl core areas may be made in the future and will be documented in a separate Decision Record(s)

12South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

13South Deer LMP Decision Record I FONSJ September I 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5 Wildlife- Bald Eagle Management Area (EA p 14)

Decision Fuel hazard reduction on 99 acres and commercial harvest treatments on 155 acres within the bald eagle management area (BEMA) would be implemented as proposed in Alternative 2 These treatments would include slashing (understory thinning) handpileburn underburn density management modified group selection planting etc as described in Appendix B Table B-2

Rationale The proposed treatments were designed to provide and retain suitable bald eagle habitat within the BEMA address issues such as high tree densities surface and ladder fuel loading and reduced tree vigor Thinning of overstory trees will produce larger trees with large open limb structures for nesting and roosting activities Fuel hazard reduction will lower stem densities increase individual tree vigor reduce surface and ladder fuels and result in better protection of the suitable bald eagle habitat in the event of a wildfire start Lake Selmac is a popular and well used recreation site that is statistically more at risk ofwildfire due to higher chances ofhuman caused ignition The close proximity of the BEMA to Lake Selmac combined with the location within the community at risk (CAR) boundary further provides a strong rationale for conducting thinning and prescribed fire in this area (RMP p 55 (Bald Eagle management) and p 62 (forest health))

6 Wildlife - Designated Spotted Owl Critical Habitat

Decision Fuel hazard reduction and commercial harvest treatments proposed within designated spotted owl Critical Habitat Unit (CHU) (OR-72) would be implemented as described in Alternative 2 and in No 1 and 2 of this decision These treatments would include slashing (understory thinning) handpileburn underburn density management (145 acres) planting brushing pre-commercial thinning etc as described in Appendix B Table B-2

Rationale The current condition of these proposed treatment areas leaves the overstory susceptible to stand replacement fire and overstory mortality due to low individual tree vigor high stem densities and high fuel loading Fuel hazard reduction and commercial harvest treatments will reduce the potential of stand replacing fires increase individual tree vigor and enhance the development of late-successional characteristics while retaining the primary constituent elements necessary to support spotted owls

Primary constituent elements are the physical and biological features that support nesting roosting foraging and dispersal and are determined to be essential for the conservation of the spotted owl These elements include characteristics such as large trees snags and coarse wood deformed or diseased trees and multiple canopy layers These treatments will reduce the risk of stand replacement fires within this CHU providing long term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU (South Deer CHU Biological Assessment and Letter of Concurrence (Section log 1-15-05-1-0484 June 2005)) Commercial harvest in critical habitat in the matrix land allocation is allowed under the Northwest Forest Plan and the Medford District RMP following consultation with the US Fish and Wildlife Service (RMP p 52)

13South Deer LMP Decision Record I FONSJ September I 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

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bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull 7 Riparian Reserves (EA pl5)

Decision Implement vegetation treatments within the riparian reserves as proposed for Alternative 2 except for areas in which Alternative 4 will be implemented (see item 11) Vegetation treatments will include precommercial thinning (PCT) brushing slash and handpile burning and underburning in young stands In older seral stands commercial thinning and underburning will occur Slash treatment and fuel reduction will incorporate the use of a machine masticator where applicable Harvest treatments will not occur in the 25-50 noshytreatment areas adjacent to the stream banks and all applicable Project Design Features will be implemented In addition a one tree length no treatment buffer will be placed around points of diversion or water collection systems consistent with the NWFP standard for wetlands less than one acre Other precautions will be taken during implementation to ensure that pipelines or other infrastructure is not disturbed Underburn ignition will occur outside of the no-treatment buffers but incidental backing of fire into the no-treatment zones may occur Snags and woody material already on the ground would be maintained and prescriptions would designate leave trees for future recruitment

Proposed road treatments such as maintenance on roads which cross riparian reserves will be implemented as well as improvements of stream crossings The trail construction and improvements proposed in Alternatives 2 and 4 will be implemented including stream crossings and segments within the riparian reserve

Rationale More than fifty percent of the riparian zones lack the large tree structure necessary to recruit large wood to stream channels High tree density in many riparian zones has reduced tree vigor and health As a result the time required for riparian forest stands to reach a condition where they can provide wildlife connectivity and large wood recruitment has greatly increased Fuels in many riparian zones need to be treated to reduce the risk ofhigh fuel loading in a corridor capable of spreading wildfire to adjacent landscapes and local communities The objective of treating riparian zones is to expedite the development oflate successional conditions in riparian forest stands to attain Aquatic Conservation Strategy and riparian reserve objectives (RMP p 27) for wildlife habitat and future in-stream large wood recruitment Managing riparian forests to promote late successional characteristics works with a trend of improving function (EA p 37) and is consistent with the Aquatic Conservation Strategy of the Northwest Forest Plan (EA p 125)

Additionally the Northwest Forest Plan Record ofDecision and Standards and Guidelines under ACS recommends thinning dense stands to encourage large tree development and conifer release (p B-31 C32) The Deer Creek Watershed Analysis also recommends enhancing tree species and structural diversity to aid in riparian development

Road treatments and trail improvements within the riparian reserve and at stream crossings will improve drainage reducing current sediment input as well as reduce the potential for future delivery of fine sediment to fish habitat

14South Deer LMP Decision Record I FONSI September I 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

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bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull Riparian treatments in combination with aquatic habitat improvement road drainage improvements and protection buffers represent the management actions included in the Water Quality Restoration Plan (WQRP) as outlined in the Forest Service and ELMprotocol for addressing Clean Water Act section 303(d) listed Waters 1999 The protocol identified a framework for addressing a listed waterbody including 1) Validation ofwater quality condition 2) Assessment 3) Solution development and 4) Implementation and monitoring The protocol ensures that federal actions would not violate the anti-degradation policy of the State of Oregons water quality standards The report is complete and BLM delivered the WQRP to the Department of Environmental Quality to fulfill the Clean Water Act requirement to coordinate with the State of Oregon in the Total Maximum Daily Load (TMDL) development

8 Watershed Restoration (EA p 16)

Decision Large in-stream wood will be placed in three reaches two in Section 39-7-5 and one in Section 38-7-31 ofMcMullin Creek Each reach would have five to ten pieces ofwood placed in the channel In Reach 1 (above the bridge ofroad 38-7-31) a suspension cable system from road 38-7-31 will be used to place the wood material The wood source will be outside the riparian zone In Reach 2 (near the middle of Section 5) five trees selected from the adjacent riparian zone will be felled into the creek To maintain riparian shade function only trees from fully stocked riparian stands will be selected In Reach 3 (southern reach ofMcMullin in Section 5) 10 trees from the riparian reserve will be felled from outside the primary shade zone and placed in the creek using a suspended cable system

Root wads and wood debris from log landings will be placed in Lake Selmac via helicopter Structures will be placed at various depths to maximize use by various fish species throughout the year Structures would be weighted or anchored to keep them submerged as necessary Josephine County who manages the park has been informed and pledges to be a project partner

Rationale BLM stream surveys in 2004 showed that approximately 50 percent of fish bearing streams in the South Deer project area lack channel structure which creates an undesirable riffle to pool habitat ratio widespread bank erosion and diminished summer rearing habitat A reduction of large wood and loss of sinuosity are the mechanisms attributed to poor aquatic conditions Additionally over 50 percent of the riparian reserves do not provide adequate large tree structure necessary for long term in-stream wood recruitment

Lake Selmac is a very popular warm water recreational fishery Many shallow and deeper habitats in the lake offer little of the cover desired by bluegill crappie and largemouth bass

The objective of the proposed action is to increase aquatic roughness and complexity and to mitigate the loss of in-stream wood delivery from the riparian zones Watershed restoration activities of this type are allowed under riparian reserve management for habitat restoration and fish and wildlife management (RMP p 31)

15South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull 9 Recreation (EA p 16)

Decision BLM trail Implement trail reroute of approximately 02 miles from private land back onto BLM land in section 19 as outlined in Alternative 2 in the proposed action

Alternative 4-Natural Selection Alternative trails Implement the six miles of trail construction in the Thompson Creek area sections 22 23 26 and 27 (T38S R7W) as identified in Map 7 in the EA Allow only non-motorized use of these trails with the exception of roads 271 and 272 which would be open for motorized vehicles to access the trailheads Funding and implementation ofboth trail systems will be separate from the timber sale

Rationale BLM trail The trail reroute in section 19 would keep the trail on BLM land avoiding trespassing on private lands and provide another loop trail within the system The reroute would also provide additional non-motorized recreation opportunities in the area

Natural Selection Alternative trails The six mile trail system in the Thompson Creek area would develop aesthetically pleasing hiker-friendly trails creating opportunities for recreation nature-based education and tourism and would provide hiking access to higher elevation BLM lands along the ridge above Thompson Creek

Management for recreation is supported in the RMP (p 63-69) and encourages providing diverse recreational opportunities for local communities and benefit to local community economic strategies

10 Roads (EA p 17)

Decision The decision is to implement the proposed road work to the extent necessary to support the South Deer Landscape Management Project Alternative 2 (with the exceptions shown in Table DR-5) as shown in Appendix C and shown on Maps 34and 5 of the EA Included are the roads within 39-7-03 that have been selected for NSA (see Section 11)

Rationale The road and spur maintenance construction and renovation are necessary to support the South Deer timber sale and the NSA in 39-7-03 as well as the other management actions proposed in the EA The decision will result in safer driving conditions improved road drainage and correction of problem road segments a reduction of road sediment runoff and will provide for a road system necessary for the long term management of the public land in the project area Upon further analysis it was determined that the temporary spurs listed in Table DR-5 are not necessary and will not be built

16South Deer LMP Decision Record I FONSI September I 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull Table DR-5 Road amp Temp Spurs Eliminated from Consideration Road Road Name Miles Number 17-002 Temporary S_Qur 025 17B-003 TemJgtorary_ Spur 024 17A-003 Temporary Spur 013 3-002A Temporary Spur 02 31-013 Temporary Spur 013

11 Natural Selection Alternative (EA pg 18)

Decision The decision is to implement Alternative 4 Natural Selection Alternative (NSA) in T39S R07W Section 3 All units within Section 3 that were proposed for treatment under NSA would be treated as shown in EA Appendix B Table B-3 and summarized in Table DR-6 below including stands identified for young stand management Implementation will proceed for five years from the date of this decision with the potential for re-evaluation and possible extension up to ten years upon review by BLM specialists

All components and design features of the alternative will be implemented including sustainable timber extraction non-native plant (weed) management and monitoring No activity fuels (slash) treatment prescribed fire or fuel hazard reduction would take place in Section 3 Riparian-specific management proposals are not a component ofNSA so accordingly resource extraction could be a part of the selected alternative within riparian reserves as long as the activities meet ACS objectives As mentioned in subsection 9 above programmed road maintenance would occur within section 3

Table DR-6 Alternative 4-Natural Selection Units Unit (01) Acres_101 Harvest Regime 39-7-3 (001) 29 Natural Selection 39-7-3 (002A) 58 Natural Selection 39-7-3 (002B) 48 Natural Selection 39-7-3 (003) 23 Natural Selection 39-7-3 (004) 32 Natural Selection 39-7-3 (005) 32 Natural Selection 39-7-3 (006) 28 Natural Selection 39-7-3 (007) 29 (total unit ac-45) Natural SelectionNo treatment 39-7-3 (008) 35 Natural Selection 39-7-3 (009) 16 (total unit ac-50) Natural SelectionNo treatment 39-7-3 (010) 12 Natural Selection 39-7-3 (011) 25 Natural Selection

South Deer LMP Decision Record I FONSI September I 2005 17

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bullbull Unit (01) Acres (01) Harvest Regime 39-7-3 (014A) 24 Natural Selection 39-7-3 (018) 9 Natural Selection 39-7-3 (019) 29 Natural Selection 39-7-3 020) 15 Natural Selection 39-7-3 (021) 12 Natural Selection 39-7-3 (023) 11 Natural Selection 39-7-3_(024) 21 Natural Selection 39-7-3 (025) 13 Natural Selection TOTAL 501

The decision is to construct the Thompson Creek Overlook Trail as proposed in Alternative 4 Funding and construction of the trail would not be part of a timber sale package

Rationale The decision to implement Alternative 4 on 501 acres of 0 amp C matrix land in 39-7shy3 represents the best balance of multiple objectives as described in the EA Purpose and Need section and further described in the Affected Environment sections of each resource in Chapter 3 of the EA BLM is mandated to manage the public lands on a multiple use basis including the need to maintain or enhance healthy forest ecosystems and habitat that support populations of native species protection and maintenance of riparian areas and waters and creation and maintenance of more fire resilient landscapes especially those within wildland-urban interface (WUI) and designated as community at risk (CAR) Also especially from the matrix land allocation BLM is mandated to provide forest products that help maintain the stability of local regional and national economies

Based on the purpose and need and the land use plans (NWFP and Medford District RMP) lands in 39S-7W-Section 3 provide the best opportunity to implement the NSA Section 3 provides a contiguous tract of sufficient size that NSA can be implemented monitored and can provide an opportunity to demonstrate this method of treatment The tract also lies outside of the CAR and does not require contour loop road construction due to the existing adequate road system (No roads were proposed in Section 3 in Alternative 4) By providing an area with adequate current access no investment would be required making initial returns more feasible for project viability

The ecological conditions in 39S-7W-Section 3 are another major factor in the selection ofthis area as a place to implement the NSA alternative Past harvest activity within this area created stands that are considered a priority for restoration by the DCVNRA The moist plant associations on many of the sites allows for higher densities to be sustained than on drier aspects in the project area

12 Project Design Features (EA pgs25-31)

The project design features described in the EA and its addendum are to be treated as integral parts of the proposed action and are to be implemented

18South Deer LMP Decision Record I FONS September 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull C Errata

Correction to roads table EA Appendix C-Road Information

Roads table for the NSA alternative 4 displays 108 miles of road to be constructed The correct mileage is 42 miles to be constructed Modifications were made based on engineering and water quality concerns from BLM specialists and concurred by NSA authors Adjustments were made to the maps and the effects analysis was based on the map mileage of 42 miles These adjustments were not reflected in the roads table

The following was submitted to the BLM by DCVNRCA as an addition to the NSA but it was inadvertently omitted from the final However the information in the following paragraphs had been shared by the authors of the Alternative 4 with the BLM specialists on several occasions and was fully considered in the effects evaluation of the NSA

Highway I99 is the premiere recreation and nature-education development opportunity for Oregons coastal mountains South Deer is within this visual corridor and there is easy access from I99 past Lake Selmac through South Deer to the Oregon Caves The Natural Selection Alternative will retain visual values and an environment in which the untrained eye will be unaware ofongoing forest product removal It will develop aesthetically pleasing hiker-friendly trail and road systems creating opportunities for recreation nature-based education and tourism

The Thompson Creek Overlook Trail System has a long history ofbeing used for visual spiritual recreational educational and hiking values Further development ofthis trail system will provide low elevation easily accessible recreational opportunities to meet the growing demand for recreation on public land A I 5 to 2 wide trail system with grades ofgenerally I0 or less will serve both short and long hiking needs for all ages The trail system will be built or upgraded by hand or with mechanical equipment (eg chainsaws trail building machines) The upgraded trail system will have 6 miles of various looping hiking options through a variety ofecosystems including late successional legacy forests and rock outcroppings with spectacular panoramic views of South Deer Grants Pass Oregon Coast Range and California mountains (See Map Exhibit 4 for layout) Ifaccess can be acquired the trail is proposed to continue to Kerby Peak

See trail maps Exhibits 3 4 and 5

Trail or road The main difference between trails (for hiking) and roads (for vehicles) is width but basic design principles apply to both It is proposed that this contour-loop-access-system be used to develop future trails around Lake Selmac in T38-7-Sections 13 18 and 19

19South Deer LMP Decision Record I FONSI September I 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull D BLM Strategic Plan

The Decision will implement a range of activities that will promote a number of the goals of the BLMs Strategic Plan for FY2003 to FY2008

Resource Protection-Goals Iamp 3 Protect Cultural and Natural Heritage Resources Improve Health ofWatersheds and Landscapes (Restore Fire Adapted Ecosystems)

Implementation of Alternative 2 will provide for the protection and enhancement of cultural resources as identified in the Project Design Features The implementation of fuels reduction treatments in the project area will reduce the level of surface fuel loads lowering the risk of catastrophic fire and visually enhance the interpretive value of the cultural features

Resource Use-Goal4 Manage or Influence Resources to Enhance Public Benefit Promote Responsible Use and Ensure Optimal Value

Implementation of Alternative 2 will contribute approximately 29 mmbf of timber to the local and regional economies through a timber sale and possibly additional volume through alternative contracting methods (ie stewardship contracts small sales) Implementation of Alternative 4 on approx 501 acres will also provide timber to the local economies

Serving Communities-Goal I Protect Lives Resources and Property

Implementation of The South Deer Landscape Management Project Alternative 2 will result in an overall reduction in fuel loadings and stand densities moving them closer to historical levels and normal ranges All of the areas to be thinned include fuel treatments to reduce the fuel hazard levels and in tum provide better protection of public property I resources There are other areas where fire hazard reduction is a primary objective Fire behavior and suppression difficulties experienced in recent fires in southwest Oregon (eg the Biscuit) clearly demonstrate the fuel hazard conditions in local forests and the need for proactive fuel hazard reduction work that will reduce threats to public health safety and property

E National Fire Plan Context- Decision Rationale

The National Fire Plan a culmination of various reports (ie Managing the Impacts of Wildfires on Communities and the Environment Integrating Fire and Natural Resource Management- A Cohesive Strategy for Protecting People by Restoring Land Health) accompanying budget requests Congressional direction and resulting strategies plans projects and other activities have set the stage and provided direction for an increased application and management of prescribed fire and other fuel treatments on federally managed lands This is further reinforced by the 1995 Federal Wildland Fire Management Policy along with its accompanying 2001 review and update

The South Deer Landscape Management Project includes the National Fire Plan designated Illinois Valley Community at Risk (CAR) Consequently special regional and national level

20South Deer LMP Decision Record I FONSI September I 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bullbull attention is placed on this area as a wildlandurban interface community within the vicinity of Federal lands that are at high risk from wildfire This emphasis extends 1 Y2 miles beyond the CAR which is identified as a wildland-urban interface (WUI)

IV CONSULTATION AND COORDINATION

Pursuant with the Endangered Species Act consultation was completed with the US Fish and Wildlife Service The USFWSs October 202003 Biological Opinion (log 1-15-03-F-511) addresses timber sale projects for FY04-08 including the South Deer Landscape Management Project timber sale which will be based upon the current decision The USFWSs June 23 2005 Letter of Concurrence (LOC) (log 1-15-05-I-0484) addresses activities scheduled to occur within northern spotted owl critical habitat unit (CHU) OR-72 including the South Deer Landscape Management Project In these documents the Service has stated its opinion that the proposed action would not jeopardize the continued existence of ESA listed species and would not preclude the CHU from functioning as intended for spotted owl nesting roosting foraging and dispersal The present decision regarding the South Deer Landscape Management Project timber sale is consistent with all of the mandatory terms and conditions identified in this biological opinion It also incorporates and meets all of the identified recommended conservation measures Concurrence was also received from the National Marine and Fisheries Service and concurred that all actions in the project are not likely to adversely affect SONC coho salmon The project is also meets the requirementsofthe Magnuson-Stevens Fishery Conservation and Management Act will not adversely affect essential fish habitat (NMFS No 2005048286)

The project will not adversely impact any sites of cultural or historical significance The State Historic Preservation Office (SHPO) was informed of the BLMs finding in accordance with 36 CFR 8005(b )

The Confederated Tribes of the Siletz and the Grande Rhonde were notified of this project during scoping and the EAs public comment period Josephine County Commissioners and the Josephine County forestry department were also contacted

V PUBLIC INVOLVEMENT

As mentioned in the Introduction planning work for this project began in March 2004 with a scoping letter on March 18 2004 BLM planners and specialists then hosted an open house meeting in Selma Oregon on April 7 2004 That meeting was followed up by community meetings and field trips public tours of sites within the project area and discussions with groups and residents ofDeer Creek and from the larger Illinois Valley All public input received regarding the South Deer project was carefully reviewed and considered Many excellent comments were received regarding both the substance of the proposed project as well as general preferences regarding the management of the BLM administered land in the project area The Deer Creek Valley Natural Resource Conservation Association (DCVNRCA) proposed including a third action alternative prepared by local citizens BLM accepted this proposal and the introduction section summarizes the process used to prepare and analyze the DCVNRCA Alternative 4

21South Deer LMP Decision Record I FONSI September I 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull The 30 day public comment period for review of the South Deer Landscape Management Project EA was initiated on July 9 2005 Approximately 176letters or email comments were received Most were received from residents of Josephine County but a number were received from other regions of the country The BLM also received several signed petitions suggesting that Alternative 4 the Natural Selection Alternative be selected as the preferred alternative Additional letters phone calls and emails were received right up to the date of this decision that have been carefully reviewed and considered as well

The majority of the comments had a common theme that the BLM choose Alternative 4 the Natural Selection Alternative (NSA) as the preferred alternative There were a number of reasons expressed by the writers suggesting why it was the preferred choice There were others who suggested that Alternative 2 is the preferred choice that BLM has done a poor job of meeting the sale quantities set forth in the NW Forest Plan

In general many writers believe that NSA provides the best chance for sustainable forests long into the future that NSA provides the best chance for enhancing recreation and tourism in the Illinois Valley and that there will be a flow of wood products from the Deer Creek drainage which would employ local citizens and help support the local economy There was also a common sentiment expressed that active fire hazard reduction was not needed that if only the BLM implemented the NSA across the entire planning area nature would repair itself from decades of forest management that devastating wildfire would not occur and that only sustaining natural fire would happen in the watershed Alternatives 2 and 3 were opposed by many because they felt that spiritual and scenic qualities of the area would be harmed that the fire hazard would increase rather than decrease and that the local economy would suffer harm because the work would be performed by outsiders who would take their payroll out of the area However some supporters of the general philosophy behind NSA expressed concern over the lack of fuel hazard reduction treatments the extensive road construction proposed and the lack of future snag and down wood recruitment ifthe alternative was implemented Some supporters of this philosophy admitted to not knowing specific outcomes and recommended giving NSA a try and monitoring results

Some comments suggested that alternatives 2 and 3 would convert late-successional forests into plantations Other than the one unit prescription for regeneration harvest on 15 acres all other prescriptions (commercial thin density management modified group selection group selection) will result in an increase in stand age and size class stands will not be converted to plantations

There were also comments suggesting that the BLM did not understand Alternative 4 as presented and that the effects analysis of the alternative was unfair and simply wrong and that it biased the analysis of Alternative 4 by not comparing alternatives side by side or providing a an estimate of economic benefit that would be expected ifNSA were implemented across the landscape Other than trail and road locations the project relied heavily on philosophy making a side by side evaluation problematic Specific economic analysis at the project level was adequately addressed in the RMP which recommends a variety of approaches to addressing needs of the community (RMP p 80 81) The South Deer project includes a wide variety of projects which address this need and this decision includes commodity production through

22South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull Station Edit Draft (Lint Technical Coordinator 2005) To summarize these reports although the agencies anticipated a decline ofNSO populations under land and resource management plans during the past decade the reports identified greater than expected NSO population declines in Washington and northern portions of Oregon and more stationary populations in southern Oregon and northern California The reports did not find a direct correlation between habitat conditions and changes in NSO populations and they were inconclusive as to the cause ofthe declines Lag effects from prior harvest of suitable habitat competition with Barred Owls and habitat loss due to wildfire were identified as current threats West Nile Virus and Sudden Oak Death were identified as potential new threats Complex interactions are likely among the various factors This information has not been found to be in conflict with the NWFP or the RMP (Evaluation of the Medford RMP Relative to the Four Northern Spotted Owl Reports August 24 2005)

There were comments suggesting that tree density and canopy reduction associated with fuels treatment increases rather than reduces the fire risk and also suggesting that BLM specialists ignored conflicting science The BLM recognizes that that there is some conflicting opinion regarding logging canopy closure and fire risk BLM specialists are well aware of the range of scientific papers in the public domain related to wildland fire and reviewed the references provided by DCVNRCA as well as additional references available to the BLM While there is some dissenting opinion generally there is some agreement that after decades of fire suppression forest management and other human-caused impacts the wildlands in both public and private ownership are in need of fuel hazard reduction treatments especially in the urban interface The recent Deer Creek fire highlights the need to address fuel hazard within these areas and the success of the treatments in aiding in suppression efforts highlights the need to treat high fuel hazard areas The disagreements often revolve around the tools used to achieve desired conditions and the extent of crown thinning Proposed actions in Alternative 2 are designed in concert with the latest science and strike a balance between the objectives identified in the purpose and need statement Further by selecting implementation of Alternative 4 complete with its vision of wildland fire in 39-7-3 the BLM is willing to allow NSA to prove itself on a tract outside of the WUI

VI CONCLUSION AND FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A Plan Consistency

Based on the information in the South Deer Landscape Management Project Landscape Management Projects EA in the record and from the letters and comments received from the public about the project I conclude that the decisions in this Decision Record are consistent with the Medford District RMP (1995) Evaluation ofthe Medford RMP Relative to the Four Northern Spotted Owl Reports (August 24 2005) ROD for Amendments to Forest Service and Bureau ofLand Management Planning Documents Within the Range ofthe Northern Spotted Owl and its Attachment A Standards and Guidelines for Management ofHabitat for LateshySuccessional and Old-Growth Forest Related Species Within the Range ofthe Northern Spotted Owl (1994) ROD Amending Resource Management Plans for Seven Bureau ofLand

24South Deer LMP Decision Record I FONSI September 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull Management Districts and Land and Resource Management Plans for Nineteen National Forests Within the Range ofthe Northern Spotted Owl Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy (2004) Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) and the ROD and Resource Plan Amendmentfor Management ofPort-Orford-Cedar in Southwest Oregon Coos Bay Medford and Roseburg Districts (2003) This decision is also consistent with the Endangered Species Act the Native American Religious Freedom Act other cultural resource management laws and regulations Executive Order 12898 regarding Environmental Justice and Executive Order 13212 regarding potential adverse impacts to energy development production supply andor distribution

The BLM is aware of the recent US District Court ruling which found portions of the Final SEIS to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) inadequate At this time the ROD to Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004) has not been vacated or withdrawn Therefore there is no current requirement to complete surveys according to previous Survey and Manage protocols The court has not yet entered an order specifying what if any injunction will be ordered in regard to its findings on the adequacy of the 2004 SEIS Injunctions for NEP A violations are common but not automatic

The BLM expects that the courts findings regarding the 2004 SEIS will result in a court ordered remedy but the extent of that remedy and whether it would be imposed pending possible appeal of the courts findings are unknown at this time We will reexamine project level NEPA documents in light of a potential court ordered remedy and will make revisions to EAs as necessary following issuance ofthe courts judgment We have provided advance notice to potential purchasers informing them that the courts ruling may result in delays in award of the sale to the high bidder or suspensions of operations The appropriate processes are currently in place to provide us the ability to delay award of timber sales or issue suspensions should they become necessary to comply with future court orders

B Finding of No Significant Impact

On the basis of the information contained in the environmental assessment and a consideration of the comments received from the public regarding the South Deer Landscape Management Project it is my determination that the decision stated above will not result in significant impacts to the quality of the human environment Anticipated impacts are within the range of impacts and effects addressed by the Medford District Resource Management Plan the Northwest Forest Plan their EIS documents and their respective Records ofDecision Thus the South Deer Landscape Management Project does not constitute a major federal action having a significant effect on the human environment and an environmental impact statement (EIS) (or supplement to the existing EISs) is not necessary and will not be prepared

This conclusion is based on my consideration ofthe CEQs criteria for significance (40 CFR sect150827) both with regard to the context and to the intensity of the impacts described in the EA and based on my understanding of the project As noted above the analysis ofeffects has been

25South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull completed within the context of the Medford Districts Resource Management Plan and it is consistent with that plan and the scope of effects anticipated from that plan The analysis of effects has also occurred in the context ofmultiple spatial and temporal scales as appropriate for different types of impacts

I have considered the intensity of the impacts anticipated from this South Deer Landscape Management Project decision relative to each of the ten areas suggested by the CEQ With regard to each

1) Impacts can be both beneficial and adverse and a significant effect may exist regardless ofthe perceived balance ofeffects The assessment has considered both beneficial and adverse impacts None of the individual or cumulative effects have been identified as being significant There may some minor short term inputs of fine sediment into streams resulting from road maintenance but long term there would be a reduction in sedimentation (EA pg 43) Further planned treatments may have a short term effect on some plants requiring canopy but other plants that prefer more open conditions would benefit (EA pg 116) There are some short term negative impact to prey species anticipated within treated stands within the CHU but the USFWS and the BLM considers the long-term benefits to spotted owls and the primary constituent elements of critical habitat associated with reducing the risk of stand replacement fires within this CHU an acceptable and desired tradeoff Impacts are within the scope of the EISs to which the projects EA is tiered

2) The degree ofthe impact on public health or safety No aspects of the project have been identified as having the potential to significantly and adversely impact public health or safety The fuel and fire hazard reduction elements of the project will have a beneficial impact on public health and safety particularly within the rural interfacewildland urban interface areas Wildfires have the potential to emit large quantities of smoke over long periods of time and at uncontrollable times or levels sometimes adversely affecting the health and well-being of humans Prescribed fire will also produce smoke but through oversight by BLM fire planners and the State of Oregon smoke production and impacts on the public can be managed and mitigated by planning the quantities duration and timing of burns Implementation of Alternative 2 would have the highest amount of smoke produced from prescribed burning yet over time lower smoke emissions from wildfire would be expected

3) Unique characteristics ofthe geographic area Resource values and unique values in the project area have been identified and appropriate management activities are proposed

4) The degree to which the effects on the quality ofthe human environment are likely to be highly controversial effects The effects of the South Deer Landscape Management Project are similar in nature to those of many other projects that are implemented within the scope of the Northwest Forest Plan and the RMP There is a range of findings and opinions about the potential effects of such land management activities as evidenced by public comments received regarding this project It underscores a level of uncertainty that exists in assessing the changes that may occur as a result of all such projects Any uncertainty in actual effects is acknowledged by the EISs to which the South Deer Landscape Management Project EA is tiered

26South Deer LMP Decision Record I FONSI September I 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull 5) The degree to which the possible effects on the human environment are likely to be highly uncertain or involve unique or unknown risks The analysis does not show that this action would involve any unique or unknown risks

6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration The action and the decision will not set any precedents for future actions with significant effects It is one ofmany similar projects designed to implement the RMP and NFP

7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts No significant cumulative impacts have been identified The project is consistent with the actions and impacts anticipated in the RMP- EIS

8) The degree to which the action may adversely affect National Historic Register listed or eligible to be listed sites or may cause loss or destruction ofsignificant scientific cultural or historical resources The project area does not include any listed National Historic Register sites or sites known to be eligible Cultural sites in the project will be protected per the project design features noted above

9) The degree to which the action may adversely affect ESA listed species or critical habitat The project includes project design features that eliminate or reduce potential adverse impacts on ESA listed species ESA consultation with NMFS and USFWS has been completed with the determination that the project is not likely to adversely affect TampE species beyond what is authorized under the Biological Opinions which cover this project NMFS concurred that the project is not likely to adversely affect listed fish species Project design features including seasonal restrictions will insure consistency with mandatory terms and conditions set forth by the regulatory agencies which will reduce the likelihood ofnegative effects on T ampE species Consultation was completed on this project as per the Endangered Species Act The project will be consistent with mandatory terms and conditions and degrading of spotted owl habitat is authorized under the Biological Opinion (Log 1-15-03-F-511) While there is incidental take authorized using habitat as a surrogate for spotted owls the action will not adversely affect ESA listed species beyond what is authorized by the USFWS and will not lead to jeopardy to any listed ESA species or lead to adverse modification of critical habitat (Section 7 log 1-15-05-1shy0484)

10) Whether the action threatens a violation ofenvironmental protection law or requirements There is no indication that this decision will result in actions that will threaten a violation

27South Deer LMP Decision Record I FONSJ September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005

bull bull VII ADMINISTRATIVE REMEDIES

This decision is a forest management decision Administrative remedies are available to those who believe that they will be adversely affected by this Decision Administrative recourse is available in accordance with BLM regulations and must follow the procedures and requirements described in 43 CFR sect 5003- Administrative Remedies

In accordance with the BLM Forest Management Regulations 43 CFR sect 50032(aampb) the effective date ofthe decision as it relates to an advertised timber sales will be when the first notice of sale appears in a newspaper of general circulation in the area where the lands affected by the decision are located This newspaper is the Grants Pass Daily Courier Publication of the first notice of sale establishes the effective date of the decision for those portions of this decision record included in the timber sale and timber sale prospectus The effective date of this decision establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033

In accordance with the BLM Forest Management Regulation 43 CFR sect 50032 (aampc) the effective date of this decision as it pertains to actions which are not part of an advertised timber sale will be the date ofpublication ofthe Notice ofDecision in the Grants Pass Daily Courier Publication of this notice establishes the date initiating the protest period provided for in accordance with 43 CFR sect 50033 While similar notices may be published in other newspapers the Grants Pass Daily Courier publication date will prevail as the effective date of this decision

Any contest of this decision should state specifically which portion or element of the decision is being protested and cite the applicable CFR regulations

fj-j-IJ r-JtnAblhe JOSSle Date f Field Manager Grants Pass Resource Area

Medford District Bureau of Land Management

28South Deer LMP Decision Record I FONSI September 1 2005