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Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005

Chapter 1

Purpose and Need for Action 1.1 Introduction and Management Direction On August 8, 2000, President Clinton asked the Secretaries of Agriculture and Interior to prepare a report recommending how best to respond to the severe fires of 2000, reduce the impacts of those fires on rural communities, and ensure sufficient firefighting resources in the future. On September 8, 2000, the President accepted their report, Managing Impacts of Wildfires on Communities and the Environment-A Report to the President. This report provided the initial framework for implementing fire management and forest health programs known as the National Fire Plan. Protecting People and Sustaining Resources in Fire-Adapted Ecosystems, A Cohesive Strategy (2000) is a report providing the strategic framework for reducing hazardous fuels buildup within wildland-urban interface communities, municipal watersheds, threatened and endangered species habitat, and other important local features. The objective of this strategy is to describe actions that could restore healthy, diverse, and resilient ecosystems to conditions that minimize the potential for uncharacteristically intense fires. Methods recommended include removal of excessive vegetation and dead fuels through thinning, prescribed fire, and other treatments. A Cohesive Strategy responds to Congressional direction to provide guidance on reducing wildfire hazard and restoring ecosystem health as part of the National Fire Plan. Companion publications to the Cohesive Strategy include A Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment – 10-Year Comprehensive Strategy (2001) and A Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment – 10-Year Comprehensive Strategy Implementation Plan (2002). The Healthy Forests Restoration Act of 2003 (HFRA) was signed into law on December 3, 2003 by President George W. Bush. It is designed to improve the capacity of the Departments of Interior and Agriculture to conduct hazardous fuels reduction projects to protect communities, watersheds, and other at-risk lands from catastrophic wildfire. The Ninemile North WUI Fuel Reduction Project is the second District project to be analyzed under HFRA. This project is an Authorized Hazardous Fuels Reduction Project in accordance with the HFRA because:

• the measures and methods used to implement this project include prescribed fire, hand piling, thinning (to produce commercial and pre-commercial products) and various mechanical treatments that were selected on a site-specific basis and are ecologically appropriate and cost effective.

• the project is on Federal lands in wildland urban interface areas. • the project is being conducted under sections 103 and 104 of the HFRA.

Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 This document presents a summary of the Environmental Assessment conducted within the Wildland Urban Interface (WUI) portion of the Ninemile North Project Area. The remainder of the Project Area will be covered under a separate analysis in the future. The project area is located on the Chiloquin Ranger District of the Fremont-Winema National Forest, northeast of the community of Chiloquin (Figures 1-1, 1-2 and Table 1-1). This project is designed to address the intents of the Cohesive Strategy and the HFRA by reducing hazardous fuel levels on National Forest lands near the town of Chiloquin and in the Sprague River Valley community. Both Chiloquin and the Sprague River Valley were identified as communities at risk in the Wildland Urban Interface Communities Within the Vicinity of Federal Lands That Are at High Risk From Wildfire, (Federal Register, 2001). This environmental assessment is tiered to the FEIS for the Winema National Forest Land and Resource Management Plan (Winema LRMP, 1990). This EA relies upon the analysis described in the FEIS and focuses upon implementing the management direction of the Winema LRMP, as amended. Management direction is provided by the Winema LRMP, as amended. Amended direction includes the Record of Decision for the Northwest Forest Plan; the Decision Notice for the Revised Continuation of Interim Management Direction Establishing Riparian, Ecosystem, and Wildlife Standards for Timber Sales, (Eastside Screens, 1995), and the Decision Notice for Inland Native Fish Strategy (INFISH, 1995). All of the Ninemile North Project Area, both WUI and non-WUI, is located in the Eastside Screens direction area. The management direction for this area was established on June 6, 1995 with the signing of the Decision Notice for the Revised Continuation of Interim Management Direction Establishing Riparian, Ecosystem, and Wildlife Standards for Timber Sales, June 1995 (Eastside Screens) as Winema LRMP Amendment 8. This includes the direction for management of old growth. The Management Areas for the Project Area from the Winema LRMP are shown in Figure 1-3. A brief summary of the direction for each management area may be found in Table 1-3. There are no Inventoried Roadless Areas, Wilderness areas, Wild and Scenic Rivers or Congressionally designated areas within the Ninemile North Project Area.

Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 1.2 Description of Project Area The Ninemile North Fuels Reduction Project Area is located on the Chiloquin Ranger District of the Fremont-Winema National Forest, Klamath County, Oregon (Figure 1-1). The legal description of the project area is as follows: Table 1-1. Ninemile North Legal Description

WUI Portion of the Project Area Township Range Sections T. 33 S. R. 08 E. Sections 31, 32, 33, 34, 35, 36 T. 34 S. R. 08 E. Sections 1 through 28, 34, 35, 36 T. 33 S. R. 09 E. Section 31 T. 34 S. R. 09 E. Sections 6, 7, 18, 19, 30

Non-WUI Portion of the Project Area Township Range Sections T. 33 S. R. 08 E. Sections 8, 9, 10, 13 through 30 T. 33 S. R. 09 E. Sections 19, 30

The entire project area is shown on all maps in this document. However, the analysis contained in this environmental assessment will apply to the WUI portion of the Ninemile North Project Area. The non-WUI portion does not qualify as an authorized hazardous fuel reduction project under HFRA, and will be covered by a separate analysis and decision. The entire Ninemile North Project Area is shown, in color, in Figure 1-2. The acreage division between WUI and non-WUI is shown in Table 1-2. Figure 1-4 displays the transportation system for the Project Area. Table 1-2. Ninemile North Project Area Acreage Categories

Category Acres Comments Total All Lands in Project Area 30591 Private Lands 6281 Forest Service Lands 24310 FS Lands within WUI 17353 FS Lands outside WUI 6957

71% of Federal Land in Project Area is within the WUI established by the local Fire Protection District

Throughout the document there may be slight acreage differences in the tables displayed. This is due to polygon calculation variations within the different GIS layers used to analyze this project, and should not be considered significant.


Figure 1-1. Ninemile North Project Vicinity Map

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Figure 1-2. Ninemile North Project Area Map

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Forest Service Acres 24310Private Ownership Acres 6281Total Acres 30591

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Forest Service Wildland Urban Interface Acres 17353Forest Service Non-Wildland Urban Interface Acres 6957

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Figure 1-3. Ninemile North Management Areas (Winema LRMP, 1990)

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Table 1-3. Management Areas within the Ninemile North WUI

Management Area Area Description Acres

Scenic Management MA-3A

(Winema LRMP, p. 4:103-106)

Management Area 3A is designed to provide attractive scenery that is natural appearing as viewed in the foreground for distances of up to .25 miles from selected travel ways, bodies of water, or public use areas. Timber harvest is programmed.

368 acres

Scenic Management MA-3B


Management Area 3B is designed to provide attractive scenery that may be slightly altered in appearance from its natural state as viewed in the foreground for selected travel ways, bodies of water, or public use areas. Timber harvest is programmed.

282 acres

Scenic Management MA-3C


Management Area 3C is designed to provide attractive scenery that may be slightly altered in appearance from its natural state from .25 to .50 miles from selected travel ways, bodies of water, or public use areas. Timber harvest is programmed.

479 acres

Old Growth Ecosystems MA-7


Management Area 7 is designed to provide, maintain, and enhance existing mature and old growth communities for associated wildlife species. No programmed timber harvest.

230 acres

Riparian Areas MA-8


Management Area 8 is designed to protect soil, water, wetlands, floodplains, meadows, wildlife, and fish resource values associated with riparian vegetative communities and adjacent drier ecosystems. Timber management permitted.

737 acres

Big Game Winter Range MA-10

(Winema LRMP, p. 4:150-152; LRMP Amendment

1)

Management Area 10 is designed to produce a diverse mixture of thermal cover, hiding cover, and forage in areas that presently or historically were used by wintering mule deer. Programmed for timber harvest.

2377 acres

Timber Production MA-12


Management Area 12 is designed to produce a high level of growth and timber production with considerations for economic efficiency and resource protection. Eastside Screen direction is to manage for restoration of late or older seral stages that are under-represented.

12879 acres

TOTAL: 17352 acres


Figure 1-4. Ninemile North Project Area Transportation Map

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Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 1.3 Wildland Urban Interface Boundary The Chiloquin-Agency Lake Rural Fire Protection District (C-ALRFPD) has defined a WUI boundary around the protection area served by the Fire District. In developing the WUI, the Fire District evaluated the fuels on private and federal lands, the topography, potential increases in the area under their jurisdiction as people apply for home permits, past fire history, the common prevailing winds during fire season, and the modeled rate of spread for the fuels on a typical fire season day when fires are likely to grow rapidly (95th percentile weather day). Using this information, C-ALRFPD decided on a WUI boundary that buffers the Fire District boundary. The WUI boundary extends further to the south than it does to the north due to the heavy fuels in the southern portion of the Chiloquin District, the frequency of ignitions along Highway 97, and the likelihood of south to southwest winds driving a fire into the Fire District protection area from this direction. The WUI adopted by the Fire District includes three areas of “essential infrastructure” (HFRA Sec 101(3) (B)). The above-ground service point for the natural gas transmission line is located within the Ninemile North Project Area. The Cave Mountain Electronic Site is outside the Ninemile North area, but was included in the earlier Chiloquin Community Fuel Reduction Project. The third essential infrastructure identified by the Fire District is the Applegate Peak Electronic Site. It is not contiguous with the main body of the defined WUI. This site was shown as a part of the default HFRA WUI in the Ninemile North WUI scoping letter of December 17, 2004. The Fire District agreed with the importance of the site to the community for communications and utility regulation, and adopted the site, and a buffer around it, into the Community Fire Plan WUI boundary. The Community Wildfire Protection Plan WUI boundary was adopted by resolution of the Fire District Board of Directors at a public meeting on March 8, 2005 (C-ALRFPD 2005). Under HFRA, the WUI area identified in a community wildfire protection plan replaces the default WUI defined in the act (Sec 101(16)). The defined WUI will be used on Ninemile North and on future fuel reduction projects in the vicinity of Chiloquin and the western part of the Sprague River Valley community. The WUI boundary for the Fire District is shown in Figure 1-5. The WUI boundary as it applies to the Ninemile North Project Area is shown on various maps within this environmental analysis. The portion of the Ninemile North Project Area covered by the WUI increased from 56% under the default definition to 71% of the area under the community wildfire protection plan designation.


Figure 1-5. Chiloquin-Agency Lake Rural Fire Protection District WUI Boundary

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Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 1.4 Current Condition and Desired Future Condition Summary This section summarizes the current vegetative and fuel conditions and the desired future condition for the WUI Project Area. These considerations are important in classifying the Ninemile North WUI Fuel Reduction Project as an authorized hazardous fuel reduction project under Sec. 102 of the Healthy Forests Restoration Act. Many of the conditions described below are covered in more detail in Chapter 3. Historically the Ninemile North WUI was largely dominated by single-storied, open park-like stands with an abundance of large diameter, fire resistant ponderosa pine trees. The landscape generally provided some quality big game forage and a low to moderate fire hazard. Frequent, low intensity fires maintained the open stand structures by killing brush, small trees, and seedlings, and consuming fuels before they accumulated to the level where the entire stand was threatened. The estimated fire return interval was a light burn every 5 to 15 years, consistent with Fire Regime 1 as described by Agee (1993). Past management activities, in particular timber harvest and fire suppression, have changed stand structure, composition, and landscape pattern. Currently, Ninemile North WUI is composed of well-stocked and overstocked, multi-storied ponderosa pine stands, with minor amounts of lodgepole and pine associated stands. There are no examples of the historic open, fire-maintained stands remaining. Stands have less of a large tree component and many more small trees than existed in the past. This has created a continuous fuel ladder from the ground to the crowns of the larger trees and contributes to a continuous layer of fuels such as needles, limbs, and dead trees. Growth rates for all trees are low, as competition is high for water, nutrients, and growing space. The slow growth rates and low level of tree and stand vigor makes trees more susceptible to insect attack and disease mortality, and makes trees less likely to survive a wildfire. Brush species have become thick and decadent, with a large component of dead stems. Cover as a percentage of the landscape is in excess of the levels considered optimum in the Winema LRMP. The primary mule deer forage, bitterbrush, is predominately in a mature to overmature condition. Herd inventories have shown that mule deer have been declining in south-central Oregon for at least 30 years. One cause for the decline has been identified as low-quality diets in spring and early summer that are reducing fawn survival (Peek et al. 2001). Estimates made during studies of the Sprague River Valley show that approximately half of the forage that was present in the 1950s is currently present (Peek et al. 2001). Recommendations emphasize that opening up the forest canopy to stimulate forage over extensive areas of the landscape is necessary if increases in the deer herd are to occur. The total amount of fuel has also increased over time. Fuels have accumulated from needle fall and other conifer litter. Given current stand structures and fuel loadings, about 92% of the WUI portion of the Ninemile North Project is rated as high fire hazard and is now susceptible to a stand replacement or uncharacteristically intense fire. The current fire hazard is displayed in Figure 1-6. Most of the Ninemile WUI is in Condition Class 3, where fire regimes have been significantly altered from historic ranges. There exists a high risk of losing key

Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 ecosystem components from fire. This includes the loss of most vegetation, including old growth trees. Fire frequencies have departed from historical frequencies by multiple return intervals, and vegetation has been significantly altered from historic norms. Recent wildfires occurring in similar vegetation on the Chiloquin District and elsewhere in south central Oregon are not low intensity maintenance burns, but are stand replacement or uncharacteristically intense wildfires that kill 80% or more of the existing vegetation. These fires have the potential to cause significant damage to public lands and to private lands and structures. The only significant area of the Ninemile North WUI that is in Condition Class 1 is the Cascade View Seed Orchard, where repeated treatments have removed fuels, pruned fuel ladders, and decreased crown densities. Figure 1-7 displays the existing Condition Class of the entire Ninemile North Project Area. Private lands in and around the Ninemile North area consist of ponderosa pine stands with a brush understory mixed with meadows and pasture land. Much of the forested private lands have vegetation and fuels in a similar condition to the federal lands. Private land improvements range from houses on small lots to small acreages and ranches with homes, outbuildings, fences, and other structures. To meet current direction and the intent of the HFRA and the National Fire Plan, the Ninemile North WUI Fuels Reduction Project was initiated to move the current conditions on federal lands in the wildland urban interface closer to the desired future condition of a more open, large-tree dominated structure that is less susceptible to large-scale, stand replacing fire events. After treatment, fire should function as a stand maintenance process rather than a stand replacement mechanism within treated areas. The Ninemile North WUI Project proposes to reduce fire hazard and increase stand vigor by thinning dense conifer stands with timber sales and/or other stocking reduction treatments, and to reduce natural fuel accumulations by using mechanical brush treatments, hand treatments, and prescribed fire. This will reduce wildland fire spread and improve the ability to suppress fires and protect both public lands and private property. Fire hazard will be reduced and the condition class will be changed through the application of these treatments. Complementary efforts to change conditions and reduce fire hazard on private property within the Ninemile North area is planned through the combined efforts of the Chiloquin-Agency Lake Rural Fire Protection District and the Oregon Department of Forestry. Chief Dewaine Holster of the Chiloquin Agency Lake Fire District is currently working on a Community Wildfire Protection Plan for the area. This plan is expected to be completed by 2006.


Figure 1-6. Current Fire Hazard in the Ninemile North WUI

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Figure 1-7. Current Condition Class in the Ninemile North WUI

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Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 1.5 Purpose and Need There are three underlying needs for the project:

• The need for reduced wildfire hazard to the Sprague River Valley Community.

• The need for protected, restored and enhanced ecosystem components to enhance productivity.

• The need for forest health.

The purpose of this project is fourfold:

• To reduce fuel loading and ladder fuels. High fuel loadings and excessive ladder fuels have created a high risk of large-scale, stand-replacement wildfires that pose a large risk to the at-risk community. Reducing these fuels will reduce the immediate wildfire risk that the community faces.

• To reduce excess vegetation in order to increase vigor, health, and growth rates in the forest ecosystem. Competition from excessive vegetation has reduced stand vigor, thus increasing the possibility that insects, disease, or wildfire will destroy the stands, including late and older successional trees. Improving the health of the forested ecosystem will reduce the long-term risk to the community and protect the critical late and older successional ecosystem component while enhancing productivity.

• To improve the quantity and quality of mule deer forage. This will restore an ecosystem component that has diminished over the years.

• To achieve consistency with the Winema National Forest Land and Resource Management Plan within the Ninemile North WUI Project Area.

1.6 Proposed Action The U.S. Forest Service proposes to meet the purpose and need by reducing fire hazard and increasing stand health within the Ninemile North WUI Fuel Reduction Project Area. Activities to accomplish this would consist of:

• Commercial and non-commercial conifer thinning to increase crown spacing, reduce fuel ladders, and increase forest health while retaining all live trees over 21” diameter.

• Reduction of brush and accumulated natural fuels through the use of prescribed

fire, mechanical treatment, hand treatment, and piling. Current conditions present a high fire hazard because stand densities, accumulated natural fuels, brush densities and other components contributing to fire intensity and spread are much greater now than under the historic fire regime. Wildfires currently burn at uncharacteristically high severities. These severe wildfires now kill a majority of the trees that used to survive the frequent, low intensity fires that were the historical norm. Conifer thinning, mechanical fuels treatments, prescribed burning, and other

Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 treatments will be the tools used in the proposed action to accomplish the needed fuels reduction. These activities will reduce the risk of stand replacement wildfire and insect or disease mortality and improve mule deer forage while moving the landscape toward healthier, more sustainable conditions. The need for commercially valuable timber was identified during the development of the Winema LRMP. Land allocations were specified to meet this need. Ninemile North tiers to the Winema Forest Plan FEIS. Timber harvest in Ninemile North WUI is proposed from the land allocations (Management Areas) where such harvest is programmed or permitted as one of the tools needed for fire hazard reduction. The Management Areas in Ninemile North are shown in Figure 1-3, and are summarized for the WUI portion of the Project Area in Table 1-3. Many units would receive more than one type of treatment, such as conifer thinning followed by a mechanical brush treatment and prescribed burning. It is estimated that activities will begin in Spring 2006 with mechanical fuel treatments. Fuel reduction activities are planned to occur for up to ten years to allow adequate time for contract work to be performed, and to allow enough windows of the proper conditions to conduct underburning. The proposed action would meet the purpose and need of the project and address significant issues. It addresses the Hazardous Fuels Reduction, Restoration, and Collaborative Stewardship principles in the Cohesive Strategy, page 11. All actions are appropriate tools as listed in the10-Year Comprehensive Strategy Implementation Plan, page 18. The Ninemile North WUI proposed action is described in detail in Chapter 2 of this document. 1.7 Decision to be Made

Based on the analyses documented by this Environmental Analysis, the Forest Supervisor must decide to choose the No-Action Alternative, the Proposed Action, or an additional action alternative. The additional action alternative, if any, must meet the purpose and need of the project and be proposed during scoping. If an action alternative were selected, activities would tentatively begin in Spring 2006. The selection of an alternative will be based on how that alternative meets the purpose and need of the project; how it addresses the issues raised during analysis; how it complies with management direction in the Winema LRMP, as amended; how it meets the legal requirements of applicable environmental laws; and on the environmental consequences of the alternative. 1.8 Klamath Tribes Treaty Rights, Consent Decree of 1981, MOA

Treaty Rights

The Treaty of 1864 established the right of taking fish and gathering edible roots, seeds, and berries on reservation lands. In 1981, the U.S. Circuit Court ruled that the Treaty of 1864 also included the right to hunt and trap on the former reservation. In 1984, the U.S. Circuit Court found that the Tribe is entitled to the amount of water necessary to

Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 support its hunting and fishing rights as currently exercised to maintain the livelihood of Tribal members, not as these rights were exercised by the Tribe in 1864. Only the United States Congress or a Court sponsored decision can change or alter Treaty rights. Forest Service activities cannot change the reserved Treaty rights of the Klamath Tribes. Forest Service activities may have an indirect effect on treaty resources in the short-term, by changing the habitat. The proposed action may indirectly influence the actual exercise of the right to hunt, trap, fish, or gather, to the degree that a change in habitat affects treaty resources. Exercise of Treaty rights may be affected by a change in the mode or type of access to an area for reasons or circumstances such as safety, fire control or prevention, certain types of investigations or other reasons as stated in laws governing the access, use and occupancy of National Forest lands. The Forest Service has a responsibility to honor Treaty rights. The protection of treaty-reserved rights is commensurate with protection of resources and the protection of habitats upon which treaty resources rely. Managing and protecting the elements of Treaty rights is a part of this responsibility as it is a part of multiple use management direction. None of the alternatives considered in the Ninemile North WUI Fuel Reduction Project will cancel the legal rights established by the Treaty. Klamath Tribal members will maintain the right to hunt, fish, trap, and gather. Water rights are not affected by the alternatives. Consent Decree of 1981

The Ninemile North WUI Fuel Reduction Project Area is within the former reservation boundaries of the Klamath Tribes. To facilitate the management of resources within the former reservation lands, the Consent Decree of 1981 was negotiated between the Klamath Tribes, the state of Oregon, and the United States of America. The agreement was a final settlement of the remaining issues in Kimball vs. Callahan. The agreement promotes sound and efficient management and conservation of fish and wildlife resources within the former reservation to ensure the future use of resources by both the Klamath Tribes and other publics. Some sections of the Consent Decree are specific to the state of Oregon, the Klamath Tribes, and the Winema National Forest, and therefore directly relate to the Ninemile North WUI Fuel Reduction Project. The U.S. Forest Service is a party to the agreement both as a trustee of tribal treaty rights and as the responsible agency for managing public lands. In accordance with the 1981 Consent Decree, the Forest Service has a legal responsibility to consult with the Klamath Tribes regarding land management activities on National Forest lands. Klamath Tribes/Forest Service Memorandum of Agreement of 1999 The intent of the Memorandum of Agreement is to establish policies and procedures that implement a government-to-government consultation process between the two parties. The objective of the parties is to clarify, define and implement the government-to government consultation process between the USDA Forest Service on behalf of the United States, and the Klamath Tribes, regarding resources that Tribal members have utilized and provided stewardship for since time immemorial. Consultation with the

Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 Tribes on the Ninemile North Project was conducted under the terms of the MOA, with substantial participation from Tribal representatives. The MOA was signed on February 19, 1999, and amended on February 17, 2005. 1.9 Consultation with The Klamath Tribes The Klamath Tribes were initially notified about the Ninemile North Fuels Reduction Project when the project was discussed at the Tribal pre-SOPA (Schedule of Proposed Actions) meeting on November 7, 2002. The Project was first listed in the Winter 2002-2003 Schedule of Proposed Actions. On January 14, 2002 Elwood Miller, Jr., Director of Natural Resources, appointed Will Hatcher, Tribal Forester as the Key Contact for the Natural Resources Department of The Klamath Tribes. Mr. Hatcher and Tribal Wildlife Biologist Rick Ward participated in developing the proposed action with the Forest Service interdisciplinary team. A summarization of the history of the contacts made, information provided and technical consultation process with the Klamath Tribes for this project can be found in the Ninemile North WUI project record. 1.10 Public Scoping and Involvement Process Initial Scoping on the WUI and Proposed Fuel Reduction Project The initial public notification process for this project began with the listing of the proposed project on the Forest Schedule of Proposed Actions (SOPA) newsletter for Winter 2002-2003. A public scoping letter concerning the WUI boundaries and a generalized description of proposed fuel treatments was sent on December 17, 2004 to adjacent landowners, other agencies, organizations, and members of the public who had previously expressed interest in projects such as the Ninemile North Fuels Reduction. The initial scoping information was posted on the Fremont-Winema website on December 21, 2004. A total of 139 WUI scoping letters were mailed. Comments on the project in general and the default WUI boundary in particular were invited via letters, phone calls, and email messages. A list of the people and organizations contacted in the WUI scoping may be found in Chapter 4. Two letters and one telephone response were received regarding the default Ninemile North WUI boundaries discussed in the initial scoping letter and the project in general. The comments may be viewed in the project record. Two organized groups responded with comment letters. Oregon Natural Resources Council (ONRC) proposed an additional action alternative that would not remove trees larger than 8 inches in diameter. This proposal is addressed in Section 2.2 of this assessment, Alternatives Dropped from Further Consideration. Other issues raised by ONRC were the size and shape of the WUI, old growth, fish and wildlife in general, and water quality. These are all covered in portions of Chapter 3. They also presented some general principles for effective fuel reduction from Modifying

Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 Wildfire Behavior – The Effectiveness of Fuel Treatments and the Status of Our Knowledge (Carey and Schumann, 2003). This paper is discussed in Chapter 2. Klamath Siskiyou Wildlands Center (KSWC) proposed an additional action alternative that would not remove trees larger than 12 inches in diameter. This proposal is also addressed in Section 2.2 of this assessment, Alternatives Dropped from Further Consideration. They questioned the size of the default WUI, the use of commercial logging, and the scale of the project. They raised a concern with the use of mechanical brush treatment and the effect this may have on soils. Their concerns are addressed below, or in Chapters 2 and 3. One absentee landowner called supporting the project. The landowner lives within sight of the large 2003 Southern California wildfires, and expressed appreciation for the efforts planned in Ninemile North to reduce fuels near their private lands in Oregon. The individual had questions about treating fuels on their land, and were referred to Chiloquin-Agency Lake Fire Chief Dewaine Holster for further information. Scoping and Comment on the Proposed Action A scoping and comment letter for the Ninemile North WUI Proposed Action was mailed on March 15, 2005. This information was posted on the Forest website on March 21, 2005. The request for comments was sent to all parties originally contacted for the initial Ninemile North WUI scoping letter and to the regular Chiloquin District NEPA mailing list. The mailing contained detailed maps and a description of the proposed action. The accompanying letter notified the public that the WUI portion of the Ninemile North Project Area would be analyzed and reviewed under Sections 104 and 105 of the Healthy Forests Restoration Act, and invited comments on the proposed action for 30 days. It also included an invitation to a public meeting on Ninemile North. A website location was included in the letter where the public could review the text of HFRA and the interim implementing regulations for Section 105 of HFRA. The proposed action comment period began on March 23, 2005 with the publication of a legal notice in the Klamath Falls, Oregon Herald and News newspaper. The publication included notice of the public meeting, which was scheduled for March 31, 2005. The legal notice was posted on the Forest website on March 24, 2005. The public meeting was held at the Chiloquin Ranger District Conference Room on Thursday, March 31, 2005 from 5 until 8 pm. No interested parties or members of the public attended the meeting. Three written responses were received following the March 23, 2005 mailing. One, from local residents Stephen and Flora Harris, expressed support for the project. Klamath Forest Alliance (KFA) responded with a description of a “shaded fuelbreak strategy”, but did not characterize it as an alternative, as “most of your proposal already meets this criteria...”. Other concerns from KFA included recognizing the role of Annosus root rot in creating forest gaps; wildlife habitat concerns including snags, dead and down materials, and changes in habitat for various animals through thinning; roads and road closures; and cumulative impacts. Their concerns are addressed below or in Chapter 3.

Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 ONRC submitted a second letter on the Ninemile North Project. The main issues raised were with the size and shape of the WUI defined by the local Fire District, and the potential of increasing fire behavior on the ground by opening up forest canopies. The concerns with the effects of opening forest canopies on fire behavior are addressed in Chapter 3. The ONRC issue with the WUI is discussed in the Issues section of this Chapter 1. Pertinent comments were incorporated into the analysis. The comments and, when appropriate, the Forest Service responses, may be viewed in the project record. A summary of the people, groups, and organizations contacted in the proposed action scoping may be seen in Chapter 4. Collaboration Local level collaboration included participation by Will Hatcher, Tribal Forester, and Rick Ward, Tribal Biologist, in recommending types of fuel treatments needed and in helping to design the proposed action to meet fuels reduction needs balanced with mule deer habitat considerations. Dewaine Holster, Chiloquin Agency Lake Fire Chief, helped the interdisciplinary team (IDT) identify problem areas and suggested treatments. Chief Holster has indicated that the Ninemile North Project will complement treatments envisioned on private lands under the Community Wildland Fire Protection Plan being developed for the Fire Protection District. The Chiloquin Community Action Team (CAT Team) was kept informed of the project and contributed valuable suggestions such as feedback on the ongoing implementation of the earlier Chiloquin Community Fuels Reduction Project around the town of Chiloquin. Consultation with the U.S. Fish and Wildlife Service Informal consultation with the U.S. Fish and Wildlife Service (USFWS) was completed. There are threatened and endangered species and habitat identified within the project area. The USFWS agreed with the Forest Service determination of effects in a letter dated August 12, 2005. 1.11 Issues

After analyzing information provided through the Klamath Tribes, public input and data from resource inventories, several issues were recognized and utilized to identify opportunities, formulate alternatives, and recommend mitigation measures. From the list of issues and concerns generated, two issues were identified as key to the Ninemile North WUI Fuel Reduction Analysis. The key issues served as the basis for alternative development. This section presents a brief discussion of why an issue was identified as key by the Interdisciplinary Team. Key Issue #1: Fire Hazard Reduction.

How effective will the chosen alternative be in reducing the chance of having large, stand replacement or uncharacteristically severe fires in the project area that could destroy federal resources or damage private property and structures?

Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 This issue is measured by:

• The amount of the project area on which the fire hazard is effectively lowered. • The degree that total fuel loadings are reduced on treated areas.

• The length of time that treatments are effective.

• The increase in individual tree vigor and overall stand health to reduce fire,

insect, and disease related mortality. Key Issue #2: Treaty Resources and Other Concerns of the Klamath Tribes

The Forest Service recognizes the Klamath Tribes right to hunt, fish, gather plants, and trap on former reservation lands. The Klamath Tribes believe that, in addition to hunting, fishing, plant gathering, and trapping, other treaty resources are included under the Treaty of 1864. The Klamath Tribes have indicated in past appeals and consultation that a natural appearing landscape was another Treaty resource. Other issues raised by the Tribes Culture and Heritage and Natural Resources Departments are effects on living culture and cultural site protection, and concern for a variety of wildlife species and traditional use plants. These concerns are addressed by:

• Display of the effects of treatments on mule deer habitat, a primary Treaty Resource concern of many Tribal members.

• Discussion of the visual effects of the treatments on a natural appearing

landscape.

• The effectiveness of cultural site protection from disturbance by treatment activities.

• The effects of treatments on wildlife species of interest to the Tribes and on

traditional use plants. Other Issues Other resource issues considered in this analysis that do not drive alternative development are: Threatened, Endangered, and Sensitive (TES) species, other wildlife species and sensitive plants. The activities proposed in Ninemile North WUI could have an effect on both TES and other wildlife species, and on sensitive and uncommon plants. Effects to habitat such as change in existing structure, restoration of open ponderosa pine habitat, and seasonal operating restrictions will be discussed in Chapter 3.

Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 Noxious Weeds/Invasive Species. Removal of vegetation and exposure of bare soil by machine work and underburning may create conditions favorable to the expansion of noxious weeds. Equipment could transport noxious weed seeds into the area. Soils and water quality. Equipment use and prescribed burning could have detrimental effects on the soil resource and on water quality. Concerns include keeping compaction and displacement within LRMP limits. Old Growth. Inventoried old growth timber stands may be treated in the Ninemile North WUI. Effects on the structure and condition of old growth will be discussed in Chapter 3 in the section on stand health and vigor. Air Quality and Smoke Management. Smoke from prescribed fires and pile burning may drift onto private lands or into the town of Chiloquin, causing impaired visibility, discomfort, and possible health hazards. Effects on air quality are shown in Chapter 3. Road maintenance and access. Some road segments may need maintenance before activities begin to adequately and safely handle vehicle traffic. Some portions of some units may need access agreements or easements to allow proposed work to be accomplished. Area road closures are beyond the scope of this analysis. Economic analysis. There are costs and benefits associated with implementing any alternative, including commercial timber produced, contracts offered, and jobs for the community. Issues Dropped from Further Consideration, Mitigated, or Incorporated Into Other Issues Residents with concerns about applying fuels reduction treatments on private lands were directed to the Oregon Department of Forestry and to the Chiloquin-Agency Lake Fire District. Both agencies are developing and applying cooperative fuel treatments on private property. The Chiloquin-Agency Lake Fire District is developing a Community Wildfire Protection Plan. Several respondents mentioned the benefits of road closures for wildlife and for watershed health. Road closures are beyond the scope of this HFRA project, and will require a separate analysis and decision, with careful consideration of Klamath Tribal Treaty Rights and concerns. This analysis will concentrate on the current condition of the Project Area roads and maintenance needed to accomplish the proposed action. Oregon Natural Resources Council (ONRC) incorporated, by reference, their concern with lynx. There is no lynx habitat in the Ninemile North Project Area. Most of the other concerns in their responses (wildlife, fish, water quality, old growth) are addressed in Chapter 3 and in specialist reports. The KFA concern with using Annosus root rots to create forest openings is noted. Annosus, while present in the area, is not a widespread or fast-acting mechanism in these dry soils. It has not created sufficient openings to date to satisfy the needs of the project. The action alternative proposes using tree removal, brush shredding, and underburning to create the needed openings.

Chapter 1 – Purpose and Need Ninemile North WUI Fuel Reduction Project August 2005 Concerns with the size and shape of the WUI are beyond the scope of this document. The WUI boundary is set by the HFRA for Fire Regime 1/Condition Class 3 lands such as those found in Ninemile North as 1 ½ miles from the private property boundary of an at-risk community. This default WUI is changed to the boundary developed in a Community Wildfire Protection Plan when adopted by local authorities. The elected Board for the Chiloquin-Agency Lake Rural Fire Protection District adopted the WUI boundary used in this analysis on March 8, 2005. The comments received, and the Forest Service responses, if warranted, may be viewed in the Project Record. The responses are also summarized in Chapter 4 of this document, Organizations and Persons Responding.

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