NEPA_(Categorical_Exclusion_Form).pdf

Decision Memo 2016 Flood Damage Repairs

USDA Forest Service Great Divide and Washburn Ranger Districts

Ashland, Bayfield, and Sawyer Counties, Wisconsin

Background During the night of July 11, 2016, a broad swath of severe weather moved through northwestern Wisconsin, impacting eight counties and leading to a Disaster Declaration by President Barack Obama. Locally, rainfall totals ranged between 9-13 inches during a six-hour timespan. Rainfall was accompanied by gale-force winds, with straight-line winds reported at 70-80 miles per hour along the Lake Superior shorelines. Peak water flows approached and exceeded what could be considered a 500-year flood, causing massive destruction of transportation infrastructure and leaving a number of residences stranded with no ingress or egress. The resultant damage on the Chequamegon-Nicolet National Forest (Forest) affected access throughout the northern half of the Great Divide District and the southernmost portion of the Washburn District.

Decision I have decided to implement the activities described below. The activities are referenced by road number and damage site number. The damage site numbers are depicted on the enclosed Emergency Response Map and in the geographic information system (GIS).

General Repairs within the Road or Trail Prism

In most cases, temporary or emergency repairs have already been done. Permanent repairs to resurface or reconstruct sections of the aggregate and asphalt surface course roadway, recondition ditches, remove sediment deposits and unwanted woody debris, as needed, reconstruct embankments and sideslopes, clean non-functional culverts, replace temporary or damaged culverts (increasing capacity, if necessary to meet standards) and placing or replacing riprap (from commercial sources) would be done at the following locations:

Forest Road #/ Trail #

Damage Site # (See map for location)

Damage Survey Report # Ranger District

Multiple C13, C18, C2, C26, C28, C36, C4, C40, C43, C44, C45, C46, C7, S1, S2, W105, W106, W69, W70, W71, W72, W73, W74, W75, W76, W77, W78, W79, W80, W82, W83, W84, W85, W90, C38, C5, W57, B8

Great Divide Ranger District Emergency Repairs – completed

Great Divide

Forest Road #/ Trail #

Damage Site # (See map for location)

Damage Survey Report # Ranger District

Multiple W90, W32, W64, W65, W67, W87, W88, W89, W91, W92, W93, W94, W97, W98, W99, W100, W101, W102

Washburn Ranger District Emergency Repairs -completed

Washburn

1730 C37 C37-FS1730-D Great Divide

1383 – MP

0.0 to 1.0 west to east

W53 W53-FS1383-D Great Divide

604 W8B, W68, W9B, W10B, W11B W8B, W68, W9B, W10B, W11B-FS604-E

Great Divide

396 - MP

0.0 to 3.0 southeast to northwest

W48, W49 W48/W49-FS396-D Great Divide

392 - MP

0.0 to 6.2

W44 W44-FS392-C Great Divide

390 C33, W1B, W42, W2B, W3B, C32, W4B, W5B, W6B, W7B, W12B, W13B, W14B, W41, W15B

C33 W1B W42 W2B W3B C32 W4B W5B W6B W7B W12B W13B W14B W41

W15B-FS390-E

Great Divide

387 W40 W40-FS387-B Great Divide

384 C1C W4C C2C C3C W5C C4C W6C W81 C5C

C1C W4C C2C C3C W5C

C4C W6C W81 C5C-FS384-E

Great Divide

379 C30, C31, W37 C30 C31 W37-FS379-E Great Divide

378 C29, W51 (C29A – additional culvert needed north of C29), W11A, W12A, W15A, W16A, C29, S14

W11A W12A W51 W15A

W16A C29-FS378-H, S14-

FS378-B

Great Divide

377 W36, W6A, W7A, W8A, W9A, W10A, W7C, W8C, C6C

W36 W6A W7A W8A W9A W10A B3 W7C W8C C6C

W9C-FS377-H

Great

Trail #

Damage Site # (See map for location)

Damage Survey Report # Ranger District

376 W1A, W2A, W3A, W4A, W5A, W35

W1A W2A W3A W4A W5A

W35-FS376-H

Great Divide

373 - Begin at FR 217 to end of Lake

W96 W96-FS373-D Great Divide

371 – MP

0.0 to 1.0 east to west

W95 W95-FS371-D Great Divide

253 C42, W34 C42W34-FS253-C Great Divide

231 W33 W33-FS231-C Great Divide

228 - MP

0.0 to 6.1

W31 W31-FS228-D Great Divide

213 C25, W30, W29, W28, W13A, W27, W14A

C25 W30 W 29 W28 W13A

W27 W14A-FS213-H

Great Divide

207 W25, W26 W25/W26 - FS207-B Great Divide

204 - MP

7.8 (north to south)

C24 C24-FS204-D Great Divide

202 S8, W22, S9, C23A S8 W22 S9 C23A-FS202-H Great Divide

201 S18, C23, W21 S18 C23 W21-FS201-H Great Divide

199 – MP

0.0 to 6.0

W63, W20, W17, W18, W19, C22 W63/W20/W17-W19/C22-

FS199-C

Great Divide

198 C20,C21,W14,W15,W16,W62 C20C21W14W15W16W62-

FS198-D

Great Divide

196 – MP

0.0 to 5.4

C41, C19 C41/C19-FS196-C Great

Trail #

Damage Site # (See map for location)

Damage Survey Report # Ranger District

194 - from MP 0.0 to

MP 6.6

W11, W12, W13, C15, C16 W11/W13/C15/C16-FS194-C Great Divide

192 S5, W9, W10 S5 W9 W10-FS192-H Great Divide

191 C40A, C40B, C12, W8, C11, C14, C10

C40A C40B C12 W8 C11 C14

C10 S4-FS191-H

Great Divide

189 W5, C8, W6, W17B, W7, B5A, W18B, W19B, W20B, C1B, W21

W5 C8 W6 W17B W7 B5A W18B W19B W20B C1B

W21 BW22B-FS189-H

Great Divide

188 W4 W4-FS188-B Great Divide

187 – multiple washouts from MP 0 to MP 8.10

W2/W3/W60/W61 W2/W3/W60/W61-FS187-C Great Divide

185 - begin at CR GG end at Lake

W103 W103-FS185-D Great Divide

184 W1 W1-FS184-B Great Divide

150 W104 W104-FS150-C Great Divide

Trail Northeast of Drummond West of Forest Service Route 811 – Trail D

T1, T2 T1 T2 – Trail – D Washburn

North Country Trail

T3, T4, T5, T7, T8, T9, T10, T11, T12, T13, T14, T16, T17

NCT-100-T3-T17-G Great

Trail #

Damage Site # (See map for location)

Damage Survey Report # Ranger District

T27, T28 – Snowmobile Trail 90

T27, T28 T27, T28 Trail 90 Great Divide

Pigeon Lake Boat Landing off of Highway N

W56 Not applicable. Great Divide

Damage Sites Added Since Public Scoping (The activities for these sites are the same as those for the projects described above.)

211 C47 C47 Great Divide

258 Repair intermittent roadway washouts along the road.

258 Washburn

428 Repair intermittent washouts along the road.

428 Washburn

436 Repair intermittent roadway washouts along the road.

436 Washburn

Bridge Replacements and Improvements

All stream crossing lengths and widths are approximate, based on the conditions at the time the Damage Survey Reports were drafted in Fall 2016. As bridge designs are further developed, the stream crossing lengths and widths may change to accommodate bankfull width of the stream and design features described below.

New bridges likely would be timber, though steel or concrete could also be used, depending on what is determined to be the best option for the situation during the design process. All repairs would include removal of sediment deposits and unwanted woody debris, as needed. Bridge approaches would be repaired, paved, and armored with riprap, as needed, to ensure sustainability and a smooth transition on and off the stream crossing.

Forest Road # Damage Site # (See map for location)

Damage Survey Report #

Ranger District

377 - 20-mile Creek B3 B3-FS377-2.8-A Great Divide

The storm blew out the west approach roadway and damaged the west abutment and wingwalls. It created an approximate opening of 30 feet between the old abutment and the new edge of pavement.

In addition to stream movement, a large amount of sediment was deposited under the existing bridge, which may require some channel restoration. The existing 30-foot bridge would be replaced with a bridge about 60 feet long with riprap installed around the abutments.

199 – Morgan Creek B2 B2-FS199-6.5-A Great Divide

The storm caused the slope to fail behind the west wingwall on the south end. The deadmen (supports buried back in the road fill behind the abutment to keep the wall from tipping inward from the earth pressure applied by the road fill) attached to the first couple of piles moved slightly, and the connecting rod was bent. Major erosion occurred around the piles at both of the abutments, which undercut the back boards by more than a foot in places. The fill would be excavated behind the west wingwall on the south end. The deadmen would be reset, riprap placed and the entire area would be backfilled. Grout would be used to stabilize the undercut abutments. Riprap would be placed along both abutments, and the scoured channel beneath the bridge would be restored.

The grout is a mix of cement, water, fine aggregate (sand) and admixtures. Where it would be used on this particular bridge, it would be used on dry banks. Where it would be used underwater, potentially in the projects described below, there is an “anti-washout” admixture that keeps it from dispersing too much into the stream to protect water quality. The set time for grout is similar to normal concrete.

196 – Marengo River B6 B6-FS196-0.1-A Great Divide

After an underwater inspection, scour was detected at the west abutment, causing severe undermining of the west abutment. The west abutment would be repaired by pumping grout underneath the footing and protecting the footing with riprap.

194 – Whiskey Creek B1 B1-FS194-5.5-A Great Divide

The storm blew out both approaches to the existing 16-foot bridge. It created an approximate opening of 15 feet between the old abutment and the new edge of pavement on each side. The scour measurements of the structure show significant scour to the piles/abutments. A new 30-foot timber bridge with riprap for erosion control would be installed in its place.

189 – Brunsweiler River

B5 B5-FS189-2.6-A Great Divide

The storm caused widespread scour behind the west abutment and moved all of the riprap downstream. The backing boards were undercut by more than five feet. The scour exposed two timber piles, which were cracked. The area along the abutment and timber piles would be excavated, and the cracked timber piles would be encapsulated, grout would be used to stabilize the abutment, and riprap would be placed along the abutment to reinforce and protect the entire structure.

Replacing a culvert with a bridge or larger culvert

All stream crossing lengths and widths are approximate, based on the conditions at the time the Damage Survey Reports were drafted in Fall 2016. As designs are further developed, the stream crossing lengths and widths may change to accommodate bankfull width of the stream and the design features described below.

All of these repairs would include removal of sediment deposits, unwanted woody debris and existing culverts, including in-stream work, as needed. Some culverts would be set lower to accommodate channel morphology and aquatic organism passage. Stream diversion or the use of cofferdams may be necessary. See design features for details on the use of cofferdams and stream diversion. Riprap would be installed for added protection, as needed. Bridge and culvert approaches would be repaired and paved, as needed, to ensure a smooth transition on and off the stream crossing.

Forest Road # Damage Site # (See map for location)

Damage Survey Report # Ranger District

622 – Lynch Creek S17 S17-FS622 Great Divide

The existing 6-foot culvert would be replaced with a 16-foot box culvert with headwalls and wingwalls.

378 – Unnamed Tributary to 20-mile Creek

S14 S14-FS378-B Great Divide

A culvert about seven feet wide would be installed to match bankfull width and may require a stream bed to be constructed through it. This is a Class I native brook trout stream. Trout stream classifications are defined in detail at: http://dnr.wi.gov/topic/fishing/trout/streamclassification.html

376 – Unnamed tributary of 18-mile Creek

S13 S13-FS376 Great Divide

The existing 4-foot culvert would be replaced with a larger 12-foot box culvert with headwalls and wingwalls to meet current standards and prevent future washouts.

371 – 18-mile Creek S12 S12-FS371-B Great Divide

The existing washed out 13-foot span by 8-foot rise culvert would be replaced with a 40-foot span bridge.

371 – Unnamed tributary of Jader Creek

S19 S19-FS371 Great Divide

The existing 24-inch culvert would be replaced with a 48-inch culvert.

344-Unnamed Tributaries to Brunsweiler River

W74 and W74A (another unmapped stream crossing)

FS-DSR Great Divide http://dnr.wi.gov/topic/fishing/trout/streamclassification.html

(See map for location)

Damage Survey Report # Ranger District

Two failed stream crossings would be replaced with bankfull-width culverts. The 24-inch culvert on the unmapped stream would be replaced with a culvert about 4.5 feet wide to match bankfull width.

The 2-36-inch by 24-inch culverts at the other stream crossing would be replaced with a six- to seven-foot wide culvert to match bankfull width.

336 – Unnamed Tributary to Lower Clam Lake

C26 FS-DSR Great Divide

The existing 24-inch and 15-inch culverts are in very poor condition and would be replaced with a pipe arch or box culvert about 7.5 feet wide to match bankfull width.

205 – Beaver Creek S10 S10-S11-FS205 Great Divide

The existing 49-inch wide culvert would be replaced with a culvert about 10 feet wide to match bankfull width.

205 – Unnamed Tributary to Lost Land Lake

S11 S10-S11-FS205 Great Divide

The existing 24-inch circular culvert would be replaced with a 48-inch wide culvert to match bankfull width.

201 – Crystal Lake Outlet S47 S47-FS211 Great Divide

The existing 15-inch circular culvert would be replaced with a 64-inch span by 43-inch rise culvert.

The existing culvert does not control the level of Crystal Lake at normal flows and neither would the new culvert.

199-Unnamed Tributaries on Morgan Creek

S7 and S7A – an upstream crossing

W63/W20/W17-W19/W22-

FS199-C

Great Divide

A 13- to 18-foot culvert or bridge would be installed at S7 and a five- to six-foot wide culvert would be installed at S7A to match bankfull width. This is a Class I native brook trout stream.

198 – Unnamed tributary of Whiskey Creek

S6 S6-FS198-B Great Divide

The existing 7.3-foot span by 5.3-foot rise culvert would be replaced with a 17-foot span culvert.

191-Taylor Creek S4 C40A, C40B, C12, W8, C11, C14, C10, S4-FS191-

H

Great Divide

The existing 6.2-foot span by 4.7-foot rise culvert would be replaced with a culvert about 10 feet wide to match bankfull width.

(See map for location)

Damage Survey Report # Ranger District

189 – Spring Brook S3 S3-FS189-B Great Divide

The existing 12.5-foot span by 6.8-foot rise culvert would be replaced with an 18-foot span multi-plate culvert or potentially a bridge to span the changed stream channel.

175 – Unnamed Tributary to Boos Lake

W46 FS DSR Great Divide

The existing 15-inch circular culvert would be replaced with a culvert about 3.5 feet wide to match bankfull width.

150 – Seitz Creek S21A W104-FS150-C Great Divide

The washed out culvert would be replaced with a seven- to 10-foot wide culvert to match bankfull width and may require a stream bed to be constructed through it. This is a Class I native brook trout stream.

150a – Unnamed Tributary to Seitz Creek

S21 FS DSR Great Divide

This crossing partially failed and has tremendous sediment deposition upstream and scour downstream. The stream crossing may be removed or it would be replaced with a culvert about six to eight feet wide to match bankfull width and the stream channel restored.

The implementation of this project will be done in phases over the next three years, due to the number of damage sites. Some sites cannot be accessed without first repairing other sites. The priorities for the first year, fiscal year 2018 (October 1 through September 31), will be bridge and culvert repair and repairing roads with major washouts.

This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA). The applicable category of actions is identified in agency procedures as follows:

36 CFR 220.6(d)(5) Repair and maintenance of roads, trails, and landline boundaries.

36 CFR 220.6(e)(18) Restoring wetlands, streams, riparian areas or other water bodies by removing, replacing, or modifying water control structures.

36 CFR 220.6(e)(19) Removing and/or relocating debris and sediment following disturbance events (such as floods, hurricanes, tornados, mechanical/engineering failures, etc.) to restore uplands, wetlands, or riparian systems to pre-disturbance conditions, to the extent practicable, such that site conditions will not impede or negatively alter natural processes.

These categories of action(s) are applicable because of the number and variety of activities to be done to address the purpose and need of the project.

I find that there are no extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist:

Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species –

Plants: A review of rare plants was conducted. One federally listed threatened, Fassett’s locoweed (Oxytropis campestris var. chartacea) and five Regional Forester Sensitive Species (RFSS) listed below are known to occur within the general area affected by this proposal (see Plant Biological Evaluation for 2016 Flood Damage Repairs located in the project record for details.)

Species Common Name Effect Determination

Astragalus alpinus Alpine milk vetch No effect

Dryopteris expansa Spreading woodfern No effect

Dryopteris fragrams var. remotiuscula Fragrant fern No effect

Polystichum braunii Braun’s holly fern No effect

Streptopus amplexifolius White mandarin No effect

There are no federally listed plants known to occur directly within the project area (the nearest known federally listed plants are 1,321 feet from the project area). There is no critical habitat for federally listed plants within the area impacted by project activities. There will be no effect to federally listed plant species as a result of this project.

There are no RFSS plants within 500 feet of project activities. There is suited (but unoccupied) habitat for several RFSS plants in close proximity of planned activities (within 100 feet). This habitat should remain suited following activity related to this project, therefore, there will be no impact from project activities.

Wildlife: The Forest Geographic Information System (GIS) and Department of Natural Resources (DNR) Natural Heritage Inventory (NHI) data were reviewed for the presence of threatened and endangered, candidate or Regional Forester Sensitive Species (RFSS) of wildlife occurring in or near the project area.

Gray wolf (Canis lupis) - The flood damage sites do occur within the Seeley Hills North, Ghost Lake, Bearsdale, Rainbow Lake, Pigeon Lake, Bibon Swamp, Porcupine Lake, Lake Owen, Beaver Dam Lake, Hellhole Creek, Marengo River, Brush Creek, Little Moose River, and Torch River wolf territories on the Great Divide and Washburn ranger district landbase. Human disturbance and noise from the construction will likely cause wolves to avoid the area during work periods, however, because wolves maintain such large territories (181 square kilometers in Wisconsin) (DNR 1999), they will be able to move about in the rest of their territory during construction without being disturbed. There will be no effect to gray wolves from this project because they would avoid the project area during construction.

Northern long-eared bat (Myotis septentrionalis) - No known hibernacula for the federally listed threatened northern long-eared bat occur on the Forest, and the nearest known maternity roost is about one mile from some flood damage sites. Disturbance or mortality to roosting bats may occur if roosting trees are removed. Most of the work will be done within the existing road or trail prism, which is usually cleared of vegetation. However, it is possible that some vegetation clearing, including trees, will need to be done when installing a larger culvert or bridge or repairing a road or trail. An estimated 40-50 trees, totaling an estimated five non-contiguous acres of disturbance, along or around the various project sites will need to be removed. Tree removal will also impact suitable roosting habitat. Existing culverts appear to be neither used nor useable as roosting habitat for bats. The tree removal may affect, but is not likely to adversely affect northern long-eared bat.

This tree removal is considered Not Prohibited Incidental Take under the Final 4(d) rule (50 CFR Part 17, docket No. FWS-R5-ES-2011-0024; 4500030113, Endangered and Threatened Wildlife and Plants: 4(d) rule for the Northern Long-eared Bat). Northern long-eared bat streamlined consultation process follows the framework outlined in the “Programmatic Biological Opinion on Final 4(d) Rule for the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions” signed on January 5, 2016. All Final 4(d) Conservation measures and appropriate USFS R9 Conservation Measures will be followed. Consultation was initiated under the Northern Long-eared Bat U.S. Fish and Wildlife Service (USFWS) Framework for Streamlined Section 7 Consultation in a letter dated June 2, 2017, including a biological evaluation for all federally listed species and northern long-eared bat 4(d) rule streamlined consultation form. Both documents are in the project record. No response was received from USFWS after the standard 30-day comment period, so concurrence is assumed. Conservation measures to be implemented are listed in appendix A.

RFSS Wildlife:

Red-shouldered hawk (Buteo lineatus) - No red-shouldered hawk nests are known to occur in or near the project area. Should a nest be located before or during implementation, all Forest Plan standards and guidelines for protecting the nest would be applied. There would be no impact to red-shouldered hawks from the project.

Wood turtle (Clemmys insculpta) – Direct adverse impacts to wood turtles may occur during this project in suitable wood turtle habitat. The operation of construction equipment within suitable habitat could make contact with turtles causing death or injury. To avoid impacts to individuals, design features listed in appendix A will be done during project implementation. When the design features are followed, the project will have no impact to wood turtles. The limited tree removal, an estimated 40-50 trees, totaling an estimated five non-contiguous acres of disturbance, along or around the various project sites will have an indirect adverse effect on suitable wood turtle habitat. Some beneficial impacts will also result from improved aquatic organism passage from installing larger culverts. The project may impact individuals, but the trend toward Federal listing or loss of viability cannot be determined at this time due to a lack of best available science on population viability or with implementation of exclusionary design features descripted above and listed in appendix A, there will be no impact to individual wood turtles.

Little brown bat (Myotis lucifugus) and Tri-colored bat (Perimyotis subflavus) - Direct impacts to the little brown and tri-colored bats are anticipated as the activities would take place during the summer months. Indirect effects would occur because of the limited tree removal described previously that would impact suitable habitat. Conservation measures listed in appendix A for the northern long-eared bat would also be protective of these species, so the project may impact individuals, but there would be no trend toward loss of viability.

American marten (Martes americana) – There would be no direct impact to American marten from the project as they would likely avoid the project area due to noise disturbance. Indirect effects may occur at the margins of suitable habitat from tree removal along roads and trails that would probably be avoided anyway because of existing noise disturbance from road and trail use, therefore, there would be no impact to American marten.

Bald eagle (Halieeatus leucocephalus) – A bald eagle nest last occupied in 2011 was located about 423 feet from the Pigeon Lake boat landing. There is currently no evidence of occupancy, so the 330-foot buffer described in the Federal guidance for non-purposeful take for active and inactive nests located in the project record and listed in appendix A should be followed. There would be no impact to bald eagle.

Flood plains, wetlands, or municipal watersheds – Floodplains and wetlands are present, but no significant and adverse impacts would occur from the temporary or proposed permanent repairs.

Temporary repairs were completed to stabilize roads and disturbed soil in the summer and fall of 2016, so that future erosion and sedimentation would be minimized. Permanent repairs have the potential for a minor, short-term impact to water quality from sedimentation during construction activities, but that would be minimized by the use of BMPs and design features described in appendix A. New culverts and bridges associated with permanent repairs would be sized to match or exceed bankfull channel width and checked with hydraulic modeling to ensure they pass the 100-year flood with a headwater/depth ratio of 0.8 or less. This will ensure minimal head build up and maintenance of a fully functioning floodplain. All new crossings would also maintain or restore aquatic organism passage.

No roads would be realigned or substantially widened in wetlands, so impacts to wetlands will be minimal. Where some road widening is necessary to obtain a stable side-slope, the wetland fill is permitted, according to the General Permit to Place Fish/Wildlife Habitat Structures, Boat Landings, and Stream Crossings (Culverts/Bridges/Fords/Temporary Crossings) in Navigable Waters, Dredge or Place Material on the Bed of a Stream Channel, and Discharge Related Fill into Wetlands of Wisconsin.

No municipal watersheds are present.

Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas – No project activities will be done within designated wilderness, wilderness study areas or national recreation areas.

Inventoried roadless areas or potential wilderness areas – Two culverts will need to be replaced on Forest Road 253, which makes up the boundary of the St. Peters Dome Inventoried Roadless Area. Several sites will also need to be repaired on Forest Road 199, which makes up another boundary of the St. Peters Dome Roadless Area. A washout will need to be repaired on Forest Road 392, which makes up the boundary of the Flynn Lake Inventoried Roadless Area. These repairs do not occur within the roadless areas, therefore, there would be no impact to inventoried roadless areas.

Research natural areas (RNA) – Two culverts will need to be replaced on Forest Road 253, which makes up the boundary of the St. Peters Dome RNA. Several sites will also need to be repaired on Forest Road 199, which makes up another boundary of the St. Peters Dome RNA. A severe washout on Forest Road 187, a maintenance level 4 road, located within the Brunsweiler River and Mineral Lake RNA was temporarily fixed for the winter, but a permanent fix is needed.

These repairs will take place within the road right of way, so no RNA permit is necessary.

American Indians and Alaska Native religious or cultural sites – No cultural sites were identified during internal or public scoping.

Archaeological sites, or historic properties or areas – Most of the areas impacted have been previously surveyed for cultural resources. A number of sites, encompassing about 100 acres, have not been surveyed. To expedite the design and implementation of flood damage site repair, cultural resource survey of flood damage sites would be done on unsurveyed areas prior to implementation. A Request for State Historic Preservation Officer (SHPO) Comment and Consultation and letter were sent to the SHPO June 21, 2017, requesting concurrence on the proposed strategy. Concurrence is expected. Once survey is complete, additional consultation may occur, if needed.

The activities will improve the current condition of the transportation system in the flood damaged areas, which would facilitate the implementation of vegetation management decisions, helping to meet Forest Plan goals. It will also improve access to developed and dispersed recreation sites affected in this project. The repair and replacement of bridges along trail segments (both motorized and non-motorized) will provide a safe experience to hikers and motorized users.

Tribal Input Twenty-six representatives of 15 tribes and the Great Lakes Indian Fish and Wildlife Commission were sent the project’s proposed action as described in the public scoping package, in accordance with the Forest Service Tribal Memorandum of Understanding, on March 14, 2017. The Mille Lac Band of Ojibwe Tribal Historic Preservation Office responded that they did not have any known recorded sites of religious or cultural importance in these areas and requested to be notified immediately if any human remains or suspected human remains are encountered.

Public Involvement This action was originally listed as a proposal on the Chequamegon-Nicolet National Forest Schedule of Proposed Actions on January 1, 2017, and updated periodically during the analysis.

A public scoping package was sent to 26 representatives of towns and counties on March 14, 2017. The mailing list is in the project record.

Since the storm event occurred, regular communication has occurred with towns, especially the towns of Drummond, Delta, Grand View, Marengo, Namakagon, and Spider Lake, and Bayfield, Ashland, Sawyer, and Washburn counties affected by the flood damage. The towns and counties were an integral part of making sure temporary emergency repairs were completed as quickly as possible to ensure access to residents impacted by the storm event. Close and regular communication between all communities and the Forest was essential to responding to immediate health and safety issues and getting temporary repairs in place. Regular updates were published to the Forest website listing forest system road and trail closures and efforts to repair roads and trails as quickly as possible. Regular communication with the towns and counties has occurred as the projects listed above have developed further and will continue to occur after implementation starts in fiscal year 2018.

Findings Required by Other Laws and Regulations This decision is consistent with the Chequamegon-Nicolet National Forests Land Management Plan.

National Forest Management Act: The National Forest Management Act of 1976 (Section 6(g) (3), (e) (iv), and (f) (i)) and resulting regulations (36 CFR 219.15) require that management practices carried out on National Forest System land meet the objectives and requirements of the 2004 Chequamegon and Nicolet Land and Resource Management Plan (Forest Plan). The Forest Plan goal specifically related to this project is: Goal 3.1 – Capital Infrastructure, “Build and maintain safe, efficient, and effective infrastructure that supports public and administrative uses of National Forest System lands.”

Clean Water Act, as amended, 1977: The Federal Water Pollution Control Act of 1972, as amended, is commonly referred to as the Clean Water Act. Under Section 404, the U.S. Army Corps of Engineers (ACOE) has been given responsibility to regulate the discharge of dredged and fill material into waters of the United States, including wetlands (33 CFR 323.3). BMPs will be implemented for all work in wetlands or floodplains.

Endangered Species Act (ESA) of 1973, As Amended 1978, 1979, 1982, 1988 (16 U.S.C.

1531): This Act provides direction to the Forest Service to establish objectives for habitat management and recovery through the Forest Plan for the conservation and protection of endangered and threatened species. This project is consistent with these guidelines. There is no critical habitat present in the project area. No impacts to threatened or endangered species are expected with the exception of NLEB. See the previous section of this document. The project is consistent with the programmatic biological opinion for the NLEB final 4(d) rule, dated January 5, 2016. Any take of NLEB that may occur incidental to this project is not prohibited and would not result in jeopardy to the species.

National Historic Preservation Act (16 U.S.C. 470): This Act provides direction for Federal agencies to establish a program for preservation of historic properties. In compliance with this act, potential impacts to sites eligible for the National Register of Historic Places were considered in this analysis. Survey of cultural resources on unsurveyed areas will be completed prior to implementation as stated previously. No impacts are expected. If archaeological remains are found prior to or during implementation, work will stop immediately until evaluation and clearance are provided.

Wilderness Act: There is no designated or proposed Wilderness within the project area (Forest Plan FEIS 3-199).

Implementation Date Implementation may start immediately after the date of signature on this document.

Appendix A – Design Features, Conservation Measures and Forest Plan Standards and Guidelines to be Implemented

• Stream crossing replacements, including the use of cofferdams and stream diversion, would meet the requirements on pages 10-12 for culverts in the Forest Service general permit GP- 14-2016-WI; in Forest Service Handbook 7709.56b Transportation Structures Handbook; and State specifications as described in Stream Culverts (Navigable Waterways) – Best Management Practices (DNR 2015). All culverts need to have a temporary stream diversion during replacement to protect water quality and ensure a quality installation. For small streams, it is sometimes possible to pump water around the construction site. This technique has the least impact because it requires little, if any, ground disturbance. For most sites, a temporary diversion channel is typically used to bypass streamflow around the construction site. It frequently also includes a temporary culvert through the road. To prevent erosion, the channel is typically lined with plastic, fabric or rock. Temporary diversions are not normally needed when bridges are installed.

• Bridge design and repairs would follow the current version of the Best Management Practices for the Use of Treated Wood in Aquatic Environments (Western Wood Preservers Institute 2011) and would meet the requirements described in the American Association of State Highway and Transportation Officials (AASHTO) Load-and-Resistance Factor (LRFD) Bridge Design Specifications (2014, with 2015 and 2016 Interim Revisions).

• Work in suitable wood turtle habitat should be done between October 2 and March 31 to avoid direct effects to wood turtles.

If work must be done between April 1 and October 1, silt fences should be installed, where feasible, around work sites to exclude turtles from the area. The work area will also be monitored by on-site personnel (see CNNF Wood Turtle Authorization document, provided) to make sure that turtles do not enter the work area. Any turtles found will be relocated outside the area.

• Follow the Federal Guidance for Requesting a Bald Eagle Permit for Non-Purposeful Take.

Regional Conservation Measures Developed for Northern Long-eared Bat:

The following US Forest Service Region 9 northern long-eared bat conservation measures have been applied to this project. Though occupied northern long-eared bat maternity roost trees are not currently known in the project area, if any are discovered, the applicable conservation measure will immediately take effect.

• Before old buildings, wells, cisterns, bridges, and other man-made structures are structurally modified or demolished, they will be surveyed for bats. If TES bat roosting is found, demolition or modification of these structures will not occur when bats are present and the need for alternative roosts will be evaluated.

• Avoid cutting or destroying known, occupied northern long-eared bat maternity roost trees unless they are an immediate safety hazard.

Additional Project-level Conservation Measures for the Northern Long-eared Bat:

The following Final 4(d) Rule Conservation Measures have been applied to this project. As stated above, the project area contains no known, occupied NLEB maternity roost trees at this time.

However, if any are discovered, in addition to the Regional Conservation Measures listed above, the following Final 4(d) rule conservation measure will be applied.

• Activity will not cut or destroy known occupied maternity roost trees, or any other trees within a 150-foot (45-m) radius around the maternity roost tree, during the pup season (June 1 to July 31).

• If archaeological remains are found prior to or during implementation, work will stop immediately until evaluation and clearance are provided.

Forest Plan Standards and Guidelines to be met:

Water Resources – Riparian Areas – Guidelines (page 2-2): Utilize Wisconsin’s Forestry Best Management Practices (BMPs) for riparian management zone categories. Expand riparian management zones wider than those defined in Wisconsin’s Forestry Best Management Practices (BMPs) and modify management practices where necessary (e.g., projects on steep slopes and/or highly erodible soils).

Water Resources – Wetlands – Standard (page 2-3): Protect hydrologic function and maintain natural hydrologic regimes.

Water Resources – Wetlands – Guideline (page 2-3): Utilize guidelines found in Wisconsin’s Forestry Best Management Practices to maintain water quality and hydrologic wetland functions during activities, such as timber harvesting or road and trail construction.

Wildlife and fish – Wetlands Management – Guideline (page 2-14): Protect hydrologic functions and maintain hydrologic regimes.

Regional Forester’s Sensitive Species – Northern Goshawk and Red-shouldered Hawk – Guideline (page 2-20): Protect active and historic nest sites. Within an area of at least 30 acres surrounding nest site(s), land use activities will be limited to those that do not reduce canopy closure or are necessary to protect the nest site for as long as the territory or stand is suitable habitat. No timber harvest will occur within the buffer area. Human disturbance will be minimized within the buffer from February 15 to August 1.

Regional Forester’s Sensitive Species – Northern Goshawk and Red-shouldered Hawk – Guideline (page 2-21): Close roads and trails under Forest Service jurisdiction to vehicular traffic within 330 feet of a nest site from February 15 to August 1 unless no feasible alternatives exist and use can be justified.

Regional Forester’s Sensitive Species – Northern Goshawk and Red-shouldered Hawk – Guideline (page 2-21): Conduct surveys for these species prior to projects being implemented within potential habitat areas.

References American Association of State Highway and Transportation Officials (AASHTO). 2014.

AASHTO LRFD Bridge Design Specifications, Customary U.S. Units, 7th Edition, with 2015 and 2016 Interim Revisions.

U.S. Department of Agriculture (USDA) Forest Service. 2014. Transportation Structures Handbook. USDA Forest Service Headquarters, Washington, DC.

https://www.fs.fed.us/dirindexhome/dughtml/fieldfsh7000.html

USDA Forest Service. 2004a. Land and Resource Management Plan, Chequamegon-Nicolet National Forests. U.S. Government Printing Office, Washington DC. 163 pp.

______. 2004b. Chequamegon-Nicolet National Forests Final Environmental Impact Statement.

R9-CN-FEIS-0404. USDA Forest Service, Rhinelander, WI.

Western Wood Preservers Institute. 2011. Best Management Practices for the Use of Treated Wood in Aquatic and Wetland Environments. Developed for the United States and Canada by: Western Wood Preservers Institute, Wood Preservation Canada, Southern Pressure Treaters’ Association, and Southern Forest Products Association. Revised November 1, 2011.

Wisconsin Department of Natural Resources (DNR). 2016. General Permit to Place Fish/Wildlife Habitat Structures, Boat Landings, and Stream Crossings (Culverts/Bridges/Fords/Temporary Crossings) in Navigable Waters, Dredge or Place Material on the Bed of a Stream Channel, and Discharge Related Fill Into Wetlands of Wisconsin. Issuance date: 04/27/2016 Expiration date: 04/27/2021. Permit number:

GP14-2016-WI. State of Wisconsin DNR.

DNR. 2015. Stream Culverts (Navigable Waterways) – Best Management Practices, published September 2015 and available on the World Wide Web at:

http://dnr.wi.gov/topic/Sectors/documents/BMPsForCulverts.pdf

DNR. 1999. Wisconsin Wolf Management Plan. Madison, WI: Wisconsin Endangered Resources Publ. #099 99.

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https://www.fs.fed.us/dirindexhome/dughtml/fieldfsh7000.html http://dnr.wi.gov/topic/Sectors/documents/BMPsForCulverts.pdf