Draft Decision Noticea123.g.akamai.net/7/123/11558/abc123/forestservic... · 2014. 7. 2. · -Use Paved Trail Sisters Ranger District, Deschutes National Forest Deschutes County,

United States Department of Agriculture Forest Service

June 2014

Draft

Decision Notice

Sisters Community Trails Project: Sisters to Black Butte Ranch Multi-Use Paved Trail Sisters Ranger District, Deschutes National Forest Deschutes County, Oregon

Decision Notice

Predecisional Administrative Review Process:

This draft Decision Notice is made available with the environmental assessment for the Sisters Community Trails Project pursuant to 36 CFR 218.7(b). The timeframe for the opportunity to object to this project will begin with publication of a legal notice in The Bulletin, the newspaper of record. See page 10 for more information on the predecisional administrative review process.

For information contact: Michael Keown, Environmental Coordinator Sisters Ranger District Deschutes National Forest [email protected] Phone (541) 549-7735

Table of Contents

INTRODUCTION AND BACKGROUND ......................................................................................................2

DECISION AND RATIONALE .......................................................................................................................2

REASONS FOR THE DECISION .................................................................................................................4

OTHER ALTERNATIVES ANALYZED ........................................................................................................5

PUBLIC INVOLVEMENT CONDUCTED .....................................................................................................6

CONSULTATION WITH GOVERNMENT AGENCIES AND TRIBES .......................................................7

LEGAL REQUIREMENTS AND POLICY ....................................................................................................7

IMPLEMENTATION .......................................................................................................................................8

FINDING OF NO SIGNIFICANT IMPACT ....................................................................................................8

PREDECISIONAL ADMINISTRATIVE REVIEW PROCESS ................................................................... 10

CONTACT PERSONS / FURTHER INFORMATION ................................................................................ 12

RESPONSIBLE OFFICIAL .......................................................................................................................... 12

APPENDIX A: MAP OF SELECTED ALTERNATIVE ............................................................................................... 13

APPENDIX B: PROJECT DESIGN CRITERIA AND MITIGATION MEASURES ......................................................... 14

ii

Figure 1. Location of the Sisters Community Trails Project area

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DRAFT DECISION NOTICE

Sisters Community Trails Project: Sisters to Black Butte Ranch Multi-Use Paved Trail

USDA Forest Service

Sisters Ranger District, Deschutes National Forest

Deschutes County, Oregon

Legal Location: Township 14 South, Range 09 East, sections 10, 11, 13, 14, 24 and 25: T.

14 S., R. 19 sections 30, 31 and 32; T. 15 S., R. 10 E., section 5. Willamette Meridian

Introduction and Background

This draft Decision Notice (DN) documents my proposed decision and rationale for the

selection of Alternative 3 of the April 2014 Sisters Community Trails Project environmental

assessment (EA). This project will provide a 7.6 mile non-motorized multi-use paved path

between the communities of Sisters and Black Butte Ranch, Oregon. The draft DN is

distributed according to 36 CFR 218.7 providing a 45-day period for objection to be filed

prior to making a final decision.

The project area is located on the Sisters Ranger District, Deschutes National Forest. The

project area begins at the edge of the city of Sisters, Oregon and continues for about eight

miles north to the community of Black Butte Ranch, Oregon. Elevations range from about

3,200 feet at Sisters to about 3,300 feet at Black Butte Ranch. The Sisters Trails Alliance

(STA), a non-governmental organization based in the city of Sisters, is the proponent of the

project that the Forest Service reviewed and developed into a proposed action.

Established in 2001, the STA is an all-volunteer non-profit organization dedicated to

planning, constructing, and maintaining walking, hiking, cycling and equestrian trails in the

Sisters area. The STA is currently applying for 501(c)(3) status with the Internal Revenue

Service. The STA believes that trails are an indispensable ingredient of quality of life and

economic vibrancy in the Greater Sisters Country – providing both healthy recreation and

environmentally sound transportation. Its first Trails Plan in 2003 identified some 80 miles of

trails for signage and construction and in 2008-2009 the STA and the community of Sisters

completed a twenty-plus mile addition to the Peterson Ridge trail system. The current Trails

Plan, adopted in 2010 by the STA, proposes additional trails, pathways and lanes, including

commuter links, single-track, and paved multi-use paths.

The STA worked closely with the Sisters Ranger District, Deschutes National Forest, the City

of Sisters, the Sisters Chamber of Commerce, the Sisters Schools District and many other

community organizations and businesses to implement its plans. The environmental analysis

to support this project was funded by the STA through a cost recovery agreement with the

Sisters Ranger District.

Decision and Rationale

I have reviewed the EA for the Sisters Community Trails Project and the information

contained in the project file. I have also reviewed and considered the public comments

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submitted on this project. I have determined that there is adequate information to make a

reasoned choice among alternatives. It is my decision to select Alternative 3, including

associated connected actions, project design criteria, and mitigation measures as described in

the EA (final EA pages 28-31). Alternative 3 was developed in response to comments

received during public scoping meetings and a field trip conducted on June 2, 2012.

Specifics of Decision

Alternative 3 will construct a 7.6 mile non-motorized multi-use paved path between the

communities of Sisters and Black Butte Ranch, Oregon. The paved path will be constructed

using the American Association of State Highway and Transportation Officials (AASTO)

Guide for the Development of Bicycle Facilities (2012) as a reference. The predominant uses

will be biking and walking/hiking. No horseback riding will be allowed.

The STA will construct and maintain the paved path under an agreement with the Forest

Service. Construction is anticipated to occur within the next 5 years and is dependent on

receiving funding through grants and matching funds. The path will be 10 feet wide with a

one foot gravel shoulder on each side and constructed of asphalt. Overall, the path will be <

5% grade. The path catch point locations for the clearing limits will vary based on the depth

of the cut and/or fill but would be no less than 20 feet in width, with a larger cut or fill the

catch point locations could increase to about 40-60 feet. The approximate area of ground

disturbance is about 19 acres (calculated using a 20 foot clearing width).

The construction of the paved path will require three crossings to mitigate impacts to riparian

and other wet areas. At the main channel of Trout Creek, a boxed culvert or other designed

crossing will allow for the passage of water during high flood events with several smaller

relief culverts placed on either side of the main channel to account for stream braiding. At

Indian Ford Creek, construction of a bridge (100-150 feet) is anticipated to allow for passage

over the creek. Near Black Butte Ranch a puncheon (raised boardwalk) or similar like

structure will be constructed to mitigate impacts to a pine/aspen wet area. The puncheon will

be about 100 to 150 feet long and will allow the free flow of water in the wet area.

The construction of the paved trail will require the cutting of about 250 green trees along the

7.6 mile paved trail route. Of these, about 72 trees would be less than 8 inches diameter at

breast height (dbh); 102 trees would be greater than 8 inches dbh and up to 11.9 inches dbh;

50 trees would be between 12 inches dbh and up to15.9 inches dbh; and 19 trees would be

between 15.9 inches dbh and 20.9 inches dbh. No green trees over 21 inches dbh will be cut.

Up to seven snags (dead trees) are anticipated to be felled along the planned trial route. In

addition, an estimated 25-50 snags may be felled to meet OSHA safety requirements during

trail construction. Trees and snags felled during construction will be left on-site to provide

coarse woody debris for wildlife habitat. My decision does not involve a timber sale.

The majority of the project area occurs in ponderosa pine forests and a small amount of aspen

near Black Butte Ranch.

Approximately 1.6 miles of the paved path at the northern end near Black Butte Ranch occurs

within an old-growth allocation (Metolius Old-Growth Management Area 27). The trail

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location in this area primarily follows an old road that parallels Highway 20. The removal of

trees during trail construction should be minimal since this section of the trail is located in a

Glaze Forest Restoration Project harvest unit; trees that are removed to meet the objectives of

the silvicultural prescription overlap the location of the paved path. However, trees that

present a hazard during construction of the paved path may need to be removed to meet

OSHA safety requirements.

The project area is within the Roaded Natural classification in the Recreational Opportunity

Spectrum (ROS) which is used by land managers to define the type of outdoor recreation

opportunities the public can reasonably expect to experience in an area. Use criteria for this

classification estimates that people in any particular place in the project area can expect to see

“moderate to high contact on roads and moderate to low on trails and developed sites.”

An estimated 6 to 20 parties per day along the trail are anticipated. The highest use will likely

occur between Memorial Day and Labor Day and minimal to no use occurring during winter

(December 1-April 1) due to cold weather. The areas of highest concentrated transportation

use are anticipated to be between Sisters and the community of Tollgate between Memorial

Day and Labor Day during weekdays. The areas of highest concentrated recreational use

(hiking/walking, bicycling) are anticipated to be around the community of Tollgate

(approximately 1 north and 1 mile south) and 1 mile south of Black Butte Ranch. More biking

is anticipated to occur between Tollgate and Black Butte Ranch than hiking.

A Roads Analysis was completed for the project. To facilitate the construction of the 7.6 mile

paved path, Alternative 3 will convert 0.28 miles of Forest Road 1012206 to a portion of the

paved path. Approximately 3.32 miles of Level 2 roads will be closed and 2.38 miles of open

road will be decommissioned to reduce open road density for wildlife species (mule deer). By

decommissioning Forest Road 1012520, approximately 0.25 miles of user created roads will

be changed to a Level 2 (open) road to allow access to Road 1012500. As part of this decision

user created roads within the project area will be rehabilitated over time as funding becomes

available.

Reasons for the Decision

The following documents my reasons for the selection of Alternative 3.

1. Response of Alternative 3 to the Purpose and Need

My decision will provide a multi-use non-motorized paved path between the city of Sisters

and the communities of Tollgate and Black Butte Ranch. The path will provide infrastructure

in response to dispersed recreation needs in the Greater Sisters Country. The path will connect

subdivisions to one another and the city of Sisters, and allow for a mix of uses along the path

(bicycling, walking, and commuting).

2. Response of Alternative 3 to the Key Issue

One key issue was identified during public scoping: location of the trail. Many Tollgate

residents wanted the trail as described in the proposed action moved further away from their

subdivision to address issues such as privacy and the proximity of the trail to private property.

The district conducted a field trip with interested residents on June 2, 2012 to define a new

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trail location that addressed these issues. Residents walked the new location with district

personnel and were actively engaged in marking a new trail route with flagging. The new trail

location addressed many of the issues raised regarding loss of trespass and home security and

property values. The new route is shown on page 25 of the final EA and the distances between

the proposed action and Alternative 3 are shown on page 26 of the final EA. Figure 2 of this

draft decision notice provides a map of Alternative 3.

In addition, there is little to no difference between the action alternative vis-à-vis impacts

resource values in the project area (EA: Comparison of Alternatives, pages 32-35).

3. Consideration of Public Comment and other Resource Issues

In making this decision I thoroughly considered the comments received during the 30-day

public comment period on the draft environmental assessment. I also allowed an additional

comment period from November 13 to December 18, 2013. Appendix A of the final EA

details the consideration and response to public comments. In responding to comments the

interdisciplinary team has supplemented and improved some of the analysis, made factual and

editorial corrections, and made clarifications. Specific changes made to the environmental

assessment since the comment period includes additional information concerning the

development of the STA and clarification about public outreach conducted by the STA in the

development of their Trails Master Plans in the Greater Sisters Country. Changes were also

made in the Wildlife section of the final environmental assessment to better reflect the

removal of trees along the paved trail route associated with Alternative 3.

Other Alternatives Analyzed

In addition to the selected Alternative 3, two additional alternatives were analyzed in detail.

They include Alternative 1, No Action, and Alternative 2 (proposed action). Additional

alternatives include those considered but eliminated from detailed analysis (final EA pages

27-28).

Alternative 1 (No Action)

Alternative 1 is the No Action alternative. This alternative provides baseline information on

the affected resources, including expected trends. Under this alternative, there would be no

new trail construction to connect the communities of Sisters and Black Butte Ranch through

alternative transportation options. This alternative does not meet the purpose and need for

action (final EA page 20).

Alternative 2

Alternative 2 is the proposed action. Similar to Alternative 3, this alternative would construct

a 7.6 mil paved multi-use path between the communities of Sisters and Black Butte Ranch,

Oregon. The trail would be constructed using the American Association of State Highway and

Transportation Officials (AASTO) Guide for the Development of Bicycle Facilities (2012) as

a reference. The primary difference between Alternative 2 and Alternative 3 is the location of

the trail in relationship to the eastern boundary of the Tollgate subdivision. All other design

features are the same (final EA pages 28-29).

The trail location adjacent to the Tollgate community raised concerns by some residents about

potential impacts of project. I did not select this alternative because I believe that Alternative

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3 better addresses the public concerns by moving the trail further away in selected locations

from the Tollgate community. The June 2, 2012 field trip allowed interested parties to be

involved in trail location lay-out to address some of their concerns.

Public Involvement Conducted

In March 2012 the Forest Service announced a proposal to build eight trails. Over 750 people

were notified of the project, including the Tollgate Home Owners Association and the

Confederated Tribes of Warm Springs, Oregon. Initially, no concerns were raised over seven

of the trails which were subsequently authorized in a Decision Memo (DM) on September 10,

2012. Most comments focused on the 7.6 mile paved trail proposal which was the focus of the

environmental assessment. The proposal was listed in the Schedule of Proposed Actions

(SOPA) in Spring 2012.

However, due to irregularities in public scoping and lack of targeted outreach, specifically

with the Crossroads community, the decision to authorize trail number 1 of the original

proposed action was rescinded by the District Ranger on May 2, 2014.

In response to public scoping about the Sisters to Black Ranch paved trail an open house was

held on April 23, 2012 with members of the Tollgate Homeowners Association at their

community center; this meeting was attended by about 42 people. A field trip was held on

June 2, 2012 with members of the Tollgate community to locate a reroute of sections of the

multi-use trail that was done to address issues raised during public scoping. Community

members who were part of the field trip actively engaged in relocating sections of the trail.

Additionally, on July 9, 2012 the District Ranger met with members of the Tollgate

community who still had concerns about the project in general and to discuss a petition which

outlined potential community concerns.

The EA was released for 30-day public comment on May 3, 2013. Comments were received

from 75 people. About 90 comments were addressed. Forty-nine letters were in the format of

a form letter. These comments were lumped as a single response. A summary of public

comment was prepared as part of the project record and is included in the final EA (final EA

pages 138-160).

Due to continuing controversy about this project and a proposed trail location near the

Crossroads community, an additional public comment period was conducted from November

13, 2013 to December 18, 2013. Many comments were general in nature and did not raise any

additional issues to be considred in the environmental assessment. The majority of comments

were specific to the Crossroads trail (trail number 1 described above). Additionally, a

community meeting was held in the city of Sisters on November 5, 2013 to discuss the Forest

Service public comment process and other related public issues.

Independent polling about the Sisters to Black Butte Ranch paved trail was also conducted by

the Black Butte Ranch Home Owners Association and the Tollgate Property Owners

Association. The Black Butte Ranch community counted about 500 ballots on the question of

the paved trail. A majority of the ballots were in favor of the trail. On November 23, 2013, the

Black Butte Ranch board of directors voted in favor of the project. The Tollgate Property

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Owners Association conducted a similar poll in November 2013. 440 properties were polled

about the project. The board of directors received 275 votes in which 183 votes (66.5%)

supported the trail; 79 votes (28.7%) were opposed to the trail; and 13 votes (4.7%) expressed

no opinion.

I have reviewed these comments, including community polling, and their relevance to the

analysis contained in the environmental assessment in considering my decision.

Consultation with Government Agencies and Tribes

The following tribal government was notified of the project proposal: Confederated Tribes of

the Warm Springs, Oregon (final EA page 17); no concerns were expressed.

The State Historic Preservation Office (SHPO) was consulted during project planning

following guidelines in the Regional Programmatic Agreement among USDA-Forest Service,

the Advisory Council on Historic Preservation, and the Oregon SHPO. A cultural resource

inventory has been completed for the project area. On March 12, 2013, the Deschutes

National Forest completed the “Project Review for Heritage Resources under the Terms of the

2004 Programmatic Agreement” with the Oregon State Historic Preservation Officer (SHPO).

The activities associated with Alternative 3 have been designed to have no effect to cultural

resource sites through both protection and avoidance (final EA pages 129). Given that no

historic properties will be affected a report to SHPO is not necessary.

Formal consultation with the U.S. Fish and Wildlife Service or National Marine Fisheries

Service was not required

Legal Requirements and Policy

In reviewing the EA and actions associated with Alternative 3, I have concluded that my

decision is consistent with the following laws and requirements:

The National Environmental Policy Act (NEPA)

NEPA establishes the format and content requirements of environmental analysis and

documentation as well as requirements for public involvement and disclosure. The entire

process of preparing this environmental assessment was undertaken to comply with NEPA

(final EA page 4).

The Endangered Species Act of 1973, as amended

Alternative 3 will have no effect to the endangered gray wolf or threatened northern spotted

owl or its critical habitat (final EA pages 62 and 65). Alternative 3 may impact the sensitive

white-headed woodpecker and Crater Lake tightcoil but would not lead to a trend towards

Federal listing (final EA pages 66-67). A biological assessment (BA) and/or a Level 1 review

are not required (final EA pages 109).

Civil Rights and Environmental Justice

I have determined that there would be no discernible impacts from any of the alternatives on

Native Americans, women, other minorities, or the Civil Rights of any American citizen (final

EA pages 147).

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Oregon Spotted Frog

On August 29, 2013, two proposed rules were published in the Federal Register to list the

Oregon spotted frog as a threatened species and to designate critical habitat. The Oregon

spotted frog is documented to occur on the Forest. The Forest Service has interagency

cooperation (Section 7 conference) responsibilities for species or critical habitat proposed for

listing or designation, respectively. Forest Service administrative units and biologists should

review all proposed and ongoing actions within the range of the species or their habitat to

assess potential effects.

Consistent with Regional Office direction of September 19, 2013, both proposed rules were

reviewed to determine if the Sisters Community Trails Project will have any further impacts

to this species or proposed critical habitat. The project does not have any suitable habitat in

the project area; therefore, there will be no further effects to the Oregon spotted frog. In

addition, there is no mapped critical habitat for the frog in the project area and therefore there

are no effects to Oregon spotted frog proposed critical habitat (final EA pages 65 and 67).

Implementation

I reviewed the EA and associated appendices and believe there is adequate information within

these documents to provide a reasoned choice of action. I am fully aware of adverse effects

that cannot be avoided and believe the risks are outweighed by the benefits. Implementing

the selected alternative will cause no unacceptable cumulative impact to any resource.

Implementation of the project would proceed on the final procurement of funding.

Minor changes may be needed during implementation to better meet on-site resource

management and protection objectives. In determining whether and what kind of further

NEPA action is required, we will consider the criteria to supplement an existing

environmental assessment in 40 CFR 1502.9(c) and FSH 1909.15, sec. 18, and in particular,

whether the proposed change is a substantial change to the intent of the Selected Alternative

as planned and already approved, and whether the change is relevant to environmental

concerns. Connected or interrelated proposed changes regarding particular areas or specific

activities will be considered together in making this determination. The cumulative impacts

of these changes will also be considered.

Finding of No Significant Impact

The following intensity factors were used to assess the potential for environmental effects to

be significant. Page numbers are referenced to the June 2014 final environmental assessment.

1. Impacts that may be both beneficial and adverse. My finding of no significant

environmental effects is not biased by the beneficial effects of the action. The beneficial and

adverse impacts are disclosed in the environmental assessment and no significant effects on

the human environment have been identified. As described in the Sisters Community Trails

Project environmental assessment, beneficial and adverse effects and the reasons they are not

expected to be significant include:

Water Quality and Fisheries –Hydrology effects from the selected alternative are negligible.

There would be no effect to bull trout, bull trout critical habitat, and A Caddisfly. There will

be no adverse effects to Chinook Essential Fish Habitat. Alternative 3 may impact individuals

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or habitat but will not lead to a trend for federal listing for Indian Ford Juga and redband trout

(final EA page 47).

Threatened, Endangered, Sensitive Wildlife Species –There will be no effect to the grey

wolf and the northern spotted owl (final EA pages 62 and 65). The project may impact but not

lead to a trend towards federal listing for the Crater Lake tightcoil and white-headed

woodpecker (final EA pages 66-67).

Management Indicator Species (MIS) – The project may impact but would not contribute to

an overall downward trend in species viability at the Forest level for elk, mule deer,

woodpeckers, Northern goshawk, Coopers hawk, sharp-shinned hawk, and red-tailed hawk.

Alternative 3 is consistent with the standards and guidelines for Management Indicator

Species in the Deschutes National Forest Land and Resource Management Plan (final EA

pages 75-80).

Botanical Species – The selected alternative may affect individuals but would not lead to a

trend towards Federal listing for Peck’s penstemon (final EA pages 116-117). There is a high

risk for the spread of invasive plants. Mitigation measures are required (final EA pages 119-

123).

Recreation – It is anticipated that sanitation and litter issues would not increase above

existing levels with the implementation of Alternative 3 (final EA pages 141-142). If human

waste and litter reach unacceptable levels actions would include increased indirect actions

such as signs and education and increased direct actions such as patrols, litter pick-up, and

enforcement. Noise and traffic levels will be within the Recreation opportunity Spectrum

(ROS) class for Roaded Modified (final EA page 143-145). Illegal motorized use of the path

could occur but increased staffing, patrol and public presence, signed rules, and other direct

and indirect management techniques should deter such use over time (final EA pages 140-

141).

Cultural Resources – There will be no effects to known cultural resource sites; all eligible

sites would be avoided (final EA pages 128-129).

2. Public health and safety. A number of issues were raised during public scoping and

conversations with the community of Tollgate. These issues included trespass, loss of home

security, and property values. Based on a review of the literature there would be no increase

in trespass or loss of home security (final EA pages 139-140).and that there would be no

change or a slight increase in home values (final EA pages 142-143).

3. Unique characteristics of the area such as park lands, prime farmlands, wetlands, wild

and scenic rivers, or ecologically critical areas. There are no park lands, prime farmlands,

wetlands, wild and scenic rivers, or ecologically critical areas in the project area (final EA

page 147).

4. The degree to which the effects area likely to be highly controversial. The nature of

potential effects of the paved path proposed in this project is well established and not likely to

be highly controversial in a scientific context. While the public may perceive some aspect of

the project to be controversial, there is no known scientific controversy over the impacts of

the decision.

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5. The degree to which the possible effects on the human environment are highly uncertain or

involve unique or unknown risks. The effects on the human environment from Alternative 3

are not uncertain and do not involve 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 will not establish a precedent for future actions with significant effects, because it

conforms to all existing Forest Plan direction. Future undertakings are subject to NEPA

procedures.

7. Cumulative effects. No significant cumulative effects have been identified (final EA pages

47, 50, 51, 53-54, 55-56, 62, 63-64, 65, 71-72, 74, 80, 95, 99-100-102, 103, 105, 106, 108,

117, 121-122, 127, 129, and 145).

8. Degree action may affect sites listed in or eligible for listing in the National Register of

Historic Places or may cause loss of destruction of significant scientific, cultural, or

historical resources. Four new historic sites were recorded in the project area but have been

avoided with the design of the project (final EA pages 128-129). The project will result in no

affect to cultural resources (final EA pages 129). The cultural resource survey is in

compliance with Section 106 of the National Historic Preservation Act and the 2004

Programmatic Agreement between the Forest Service and the Oregon State Historic

Preservation Office (SHPO) (final EA pages 129).

9. Degree action may adversely affected endangered or threatened species or its habitat that

has been determined to be critical under the ESA. No threatened or endangered species or

designated critical habitat exists within or adjacent to the project area (final EA page 61).

10. This action does not threaten a violation of Federal, State, or local law or requirements

imposed for the protection of the environment. All applicable laws and regulations were

considered in the planning of this project (final EA pages 4-6 and 8).

Predecisional Administrative Review Process

This project is subject to pre-decisional administrative review pursuant to 36 CFR 218,

Subpart B. Also called the “objection process” the predecisional administrative review

process replaced the appeal process in March 2013. The primary difference with the

objection process is that a person may object to a project prior to the final decision, whereas

under the appeal procedures, appeals were made after the decision. The full text of the rule

can be found here:

http://federal.eregulations.us/cfr/title/5/28/2013/title36/chapterII/part218.

Only individuals or organizations that submitted specific written or oral comments during a

designated opportunity for public participation (scoping or the 30 day public comment period)

may object (36 CFR 218.5). Notices of objection must meet the requirements of 36 CFR

218.8. Objections can be submitted in writing, either electronically or in hard copy but must

be filed with the Reviewing Officer within 45 days from the date of publication of notice of

the opportunity to object in The Bulletin, Bend, OR. The publication date is the exclusive

means for calculating the time to file an objection. Those wishing to file an objection to this

decision should not rely upon dates or timeframe information provided by any other source.

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Incorporation of documents by reference is not allowed, except for the following list of items

that may be referenced by including date, page, and section of the cited document, along with

a description of its content and applicability to the objection: 1) all or any part of a federal

law or regulation; 2) Forest Service directives and land management plans; 3) documents

referenced by the Forest Service in the subject environmental assessment; or 4) comments

previously provided to the Forest Service by the objector during public involvement

opportunities for the proposed project where written comments were requested by the

responsible official. All other documents must be included with the objection.

Issues raised in objections must be based on previously submitted specific written comments

regarding the proposed project or activity and attributed to the objector, unless the issue is

based on new information that arose after the opportunities for comment. The burden is on the

objector to demonstrate compliance with this requirement for objection issues.

Minimum requirements of an objection area described at 218.8(d). An objection must include

a description of those aspects of the proposed project addressed by the objection, including

specific issues related to the proposed project; if applicable, how the objector believes the

environmental analysis or draft decision specifically violates law, regulation, or policy;

suggested remedies that would resolve the objection; supporting reasons for the reviewing

officer to consider; and a statement that demonstrates the connection between prior specific

written comments on the particular proposed project or activity and the content of the

objection, unless the objection concerns an issue that arose after the designated opportunities

for comment.

Objections may be:

Postal Delivery: Reviewing Officer, Deschutes National Forest, Attn: 1570 Appeals

and Objections, 63095 Deschutes Market Road, Bend, OR 97791;

Emailed to: [email protected]. Please put OBJECTION and the

project name in the subject line. Electronic objections must be submitted as part of an

actual e-mail message, or as an attachment in Microsoft Word (.doc), rich text format

(.rtf), or portable document format (.pdf) only. E-mails submitted to addresses other

than the ones listed above or in formats other than those listed above or containing

viruses will be rejected. It is the responsibility of the objector to confirm receipt of

objections submitted by electronic mail. For electronically mailed objections, the

sender should normally receive an automated electronic acknowledgement from the

agency as confirmation of receipt. If the sender does not receive an automated

acknowledgement of receipt, it is the sender’s responsibility to ensure timely receipt

by other means;

Hand deliveries: Deschutes Forest Supervisor’s Office, Attn: 1570 Appeals and

Objections, 63095 Deschutes Market Road, Bend, OR 97701. Hand deliveries can

occur between 8:00 AM and 4:30 PM, Monday through Friday except legal holidays;

or

Faxed to: Deschutes Forest Supervisor, Attn: 1570 Appeals and Objections at

(541)383-5531.

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Contact Persons / Further Information

Project records are on file at the Sisters Ranger District office. The EA and other project

documents are available on the internet at

http://data.ecosystem-management.org/nepaweb/nepa_project_exp.php?project=38724

For additional information concerning the specific activities authorized with this decision, you

may contact:

Michael Keown, Environmental Coordinator Kristie L. Miller, District Ranger

Sisters Ranger District Sisters Ranger District

POB 249 POB 249

Sisters, OR 97759 Sisters, OR 97759

(541) 549-7735 (541) 549-7700

Responsible Official

The District Ranger of the Deschutes National Forest is the official responsible for deciding

the type and extent of management activities in the Sisters Community Trails Project area.

signature reserved for final decision

KRISTIE L. MILLER

District Ranger

Deschutes National Forest

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Appendix A: Map of the Selected Alternative

Figure 2: Alternative 3

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Appendix B: Project Design Criteria and Mitigation Measures

Project Design Criteria Entire Project Area

Scenic Views Design Elements

Retain features in the landscape such as large trees or tree groupings and lava rock outcrops

Locate viewpoints and design interpretive sites that take advantage of any panoramic views or points of interest

Provide shaded rest stops or pull-outs at least every mile along the route

Provide signing that is minimal and low key by avoiding shiny or metallic materials and bright or white colors

Allow curvature in the trail layout and alignment vs. straight shots so the rider experience is enhanced and views to the surrounding landscape are captured

Use topography and existing vegetation to create a trail that invites non-motorized use and does not attract motorized vehicles

Entire project area

Fisheries Design Elements

All structures including, but not limited to bridges and boardwalks built over streams or wetlands must use light penta oil if constucted of treated wood to reduce potential impacts to fish and aquatic organisms.

No instream work or work on the edge of streambanks with heavy equiptment is allowed, persons wading instream is allowed.

Any disturbed areas adjacent to the creek will be stabilized by use of silt fences, mulch or fabric.

Trail allignement on the approach to Indian Ford Creek shall enter and exit the RHCA as quickly as possible. The allignment location within this RHCA must be approved by district fisheries and hydrology specialists prior to constuction.

The bridge over the wetland aproximatley ¼ mile west or Black Butte Ranch will be elevated above the riparian vegetation and footings will be placed without major excavation or the use of heavy equipment.

USFS Regional BMP’s for new trail/road constuction shall be followed. Inwater work period is July 1-Oct 15.

http://www.dfw.state.or.us/lands/inwater/Oregon_Guidelines_for_Timing_of_%20InWater_Work2008.pdf

Entire project area

Wildlife Design Elements

No artificial light along the pathway Retain features in the landscape such as large trees or tree groupings, snags, and lava

rock outcrops to the maximum extent possible. Use topography and existing vegetation to create a path that invites non-motorized

use and does not attract motorized vehicles. Design bridges or boardwalks that minimize barriers to deer and elk movement. Implement trail construction from August 1 to March 15 to avoid potential

disturbance during avian reproductive nesting season Avoid felling large snags (≥21 inches dbh) during trail construction unless they pose a

safety hazard Where possible, realign trail to avoid felling large snags (≥21 inches dbh) that pose a

safety hazard. No trees ≥21 inches dbh would be felled.

Entire project area

Decision Notice

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Project Design Criteria Entire Project Area

All trees and snags felled would be left on the ground to provide coarse woody debris.

Recreation Design Elements

The trail design would take the greatest advantage of environmental features during project design.

The trail would be designed to meet the Roaded Natural or Roaded Modified Recreation Opportunity Spectrum.

The trail design would meet the Guide for the Development of Bicycle Facilities as developed by the American Association of State Highways and Transportation Officials (AASTO).

Entire project area

Heritage Design Elements

All known Heritage resources would be avoided through project design (location of the trail).

If Heritage resources are discovered during project implementation work would crease until the site(s) is evaluated by the district archaeologist.

Entire project area

Mitigation Measures

Botany

Peck’s penstemon

Area 1: Near the trail terminus near McDonalds-A small subpopulation of 11 plants in the Trout Creek overflow channel

Minimize ground disturbance during culvert installation and avoid Peck’s penstemon plants or transplant to adjacent location. A Botanist must do a final review of the trail alignment disturbance area and identify any areas of concern or plants to be protected or transplanted. Use weed free equipment and materials.

Area 2: In the old growth area 0.4 miles east of the BBR entrance- 9 plants.

Minimize ground disturbance and avoid Peck’s penstemon plants if found or transplant to adjacent location. A Botanist must do a final review of the trail alignment disturbance area and identify any areas of concern or plants to be protected or transplanted. Use weed free equipment and materials.

Area 3: Permanent potential habitat loss will occur with the paving of the trail.

Minimize ground disturbance and avoid Peck’s penstemon plants if found or transplant to adjacent location. A Botanist must do a final review of the trail alignment disturbance area and identify any areas of concern or plants to be protected or transplanted. Complete road decommissioning as planned. Use weed free equipment and materials

Invasive Plants Minimize ground disturbance and clearing limit widths to protect habitat and minimize weed risk. Minimize ground disturbance during culvert installation. Avoid Peck’s penstemon plants or transplant to adjacent location. A Botanist must do a final review of the

trail alignment disturbance area and identify any areas of concern or plants to be protected or transplanted. Use weed free equipment and materials. Complete road decommissioning as planned. Require clean vehicles and equipment to reduce the introduction of invasive plant seed. Wash tires, tracks,

and the undercarriage of all equipment to remove mud, dirt, and seeds.

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Project Design Criteria Entire Project Area

Mitigation Measures

Wildlife

There are no known goshawk, Cooper’s hawk, sharp-shinned hawk, or red-tailed hawk nest sites near the project area that would warrant a seasonal restriction. However, if a raptor nest is identified during project construction activities, the following seasonal restrictions would be implemented during construction activities:

Species Seasonal Restriction Dates: ¼ mile around nest site

Northern goshawk March 1-September 30

Cooper’s hawk April 15-August 31

Sharp-shinned hawk April 15 to August 31

Red-tailed hawk March 1 to August 31

Entire project area

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The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities

on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual

orientation, or marital or family status. (Not all prohibited bases apply to all programs.) Persons with

disabilities who require alternative means for communication of program information (Braille, large

print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W,

Whitten Building, 14th and Independence Avenue, SW, Washington, DC 20250-9410 or call

(202) 720-5964 (voice and TDD). The USDA is an equal opportunity provider and employer.