United States Department of Agriculture

Forest Service

Eastern Region

Dandiview Birch Hill Wildland Urban Interface (WUI) Project

Town of North Conway

Carroll County, New Hampshire

Decision Memo Saco Ranger District

December 2015

Hazardous fuel accumulations - Dandiview Birch Hill WUI

For More Information Contact: Desiree Johnston Saco Ranger District White Mountain National Forest 33 Kancamagus Highway Conway, NH 03818 Phone: 603 447-5448 Fax: 603 447-8405 www.fs.fed.us/r9/forests/white_mountain

Whi

te M

ount

ain

Nat

iona

l For

est

This document is available in large print. Contact the Saco Ranger District,

White Mountain National Forest 603-447-5448 FedRelay 711

Printed on Recycled Paper

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

(1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; or

(3) email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

Table of Contents

1. Summary........................................................................................................................1

2. Background ...................................................................................................................12.1 Project Area ...........................................................................................................1

2.2 Purpose and Need ...............................................................................................1

3. Decision to Be Implemented .......................................................................................3

4. Rationale for Categorically Excluding the Decision ................................................54.1 Category of Exclusion .........................................................................................5

4.2 Finding that No Extraordinary Circumstances Exist ......................................5

5. Public Involvement ......................................................................................................8

6. Findings Required By and/or Related to Other Laws and Regulations ...............9

7. Implementation Date and Contact ...........................................................................11

Figure 1 – Project Vicinity Map

Figure 2 – Project Area Map

Dandiview/Birch Hill WUI Project – Decision Memo

1

1. Summary

After careful consideration of public input, the recommendations of appropriate resource specialists, and the requirements of applicable laws and regulations, I have decided to create a shaded fuel break, approximately 40-70 feet wide and 2.2 miles in length, along the property boundary between the White Mountain National Forest and adjacent private lands located along portions of Dandiview Road, Balsam Drive, Evergreen Drive, Laurel Lane, West Side Road, Suren Road, Abbey Lane, Birch Hill Road, Blueberry Lane and Old Ski Hill in North Conway, New Hampshire.

2. Background

2.1 Project Area

The project area includes approximately 25 acres of public lands located within the White Mountain National Forest which abut private lands accessed by Dandiview Road, Birch Hill Road, Suren Road and Evergreen Drive. This project area and abutting private lands are located within a Wildland Urban Interface (WUI). A WUI is defined as the line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuels.

The project area is also located within the largest mixed pine-red oak natural community found on the Forest. This forest community includes pitch pine, scrub oak and red pine; tree species that are considered to be fire prone and fire dependent. Historical records document a large wildfire that occurred in the Moat Range, including the project area, in the 1850’s, i.e. the Moat Range Fire. More recently, wildfires that have occurred within and nearby the project area have been small, primarily due to suppression efforts, resulting in minimal benefit to fire dependent forest communities and an incremental buildup of hazardous fuels.

2.2 Purpose and Need

This project is a result of collaboration between local fire departments, the State of New Hampshire Department of Forest and Lands, and the White Mountain National Forest staff. The town of Conway recently completed a Community

White Mountain National Forest – Saco Ranger District

2

Wildfire Protection Plan. During this planning process, local fire departments were asked to identify areas that were at high risk for a wild-land fire to occur. Wildfire hazard in these areas was assessed by the amount of hazardous fire prone fuels that have accumulated. Some of the areas of concern that were identified are located in the WUI where National Forest System lands abut private property in the Dandiview, Birch Hill and/or Suren Road neighborhoods. Hazardous accumulations of fire prone fuels have accumulated in this area, and the potential for serious damage to these neighborhoods, as well as National Forest resources, from potential wildfires is elevated. This project is designed to mitigate these conditions by creating a shaded fuelbreak using common fuel reduction techniques.

Figure 3

North Conway Fire Chief Pat Preece points out areas of concern in the Dandiview Birch Hill WUI

The purpose of this project is to move toward goals and objectives identified in the White Mountain National Forest Land and Resource Management Plan (Forest Plan). These goals include maintaining fuels in proportion to the levels of hazards, risks, and values to be protected, and to address resource management objectives both outside and within the Wildland Urban Interface (USDA Forest Service. 2005a, pp. 1-19). This project consists of vegetation and fuels management within an

Dandiview/Birch Hill WUI Project – Decision Memo

3

approximate 25 acre project area, which is located within Management Area (MA) 2.1, as delineated by the Forest Plan. The need for the project was identified by comparing the existing conditions on the ground with the desired conditions as established in the Forest Plan. Management activities were designed to either maintain existing desirable conditions or help move the land closer to those desired conditions.

3. Decision to Be Implemented

My decision is to create a shaded fuel break, approximately 40-70 feet wide and 2.2 miles in length, along the property boundary between the National Forest and adjacent private lands. The project area is located adjacent to private properties on portions of Dandiview Road, Balsam Drive, Evergreen Drive, Laurel Lane, West Side Road, Suren Road, Abbey Lane, Birch Hill Road, Blueberry Lane and Old Ski Hill in North Conway, NH. A shaded fuelbreak is defined as “A linear landscape feature of variable width within a forest where the fuel profile has been altered. Fuel is present in a shaded fuelbreak but is reduced relative to areas outside the fuelbreak. In forests, shaded fuelbreaks have lower surface fuel loads, higher canopy base height, and often reduced canopy bulk density in comparison to the adjacent forest. Sufficient forest canopy is retained such that surface fuel is shaded and exhibits slightly higher fuel moisture content and lower eye-level wind speed than open areas with no canopy cover.”1

Within this shaded fuel break, small live trees, less than 5 inches in diameter at breast height (DBH), dead trees (snags), shrubs and brush will be cut and removed from the forest understory using chainsaws and hand tools. Large concentrations of existing dead and down woody fuels on the ground, as well as the cut and/or thinned vegetation within the shaded fuel break, will be reduced or removed by either lopping and scattering the fuels, or chipping and leaving the “mulch” in place. Larger live trees in the over story will not be cut or removed, and no timber will be harvested. Within the shaded fuelbreak, ground litter will be left undisturbed.

1 http://www.firewords.net/definitions/shaded_fuel_break.htm

White Mountain National Forest – Saco Ranger District

4

The project area contains several segments of hiking and mountain biking trails that are heavily used by the public. Cut and/or thinned vegetation generated by creation of the shaded fuel break, ie. slash, will not be placed onto National Forest System trails or roads located within the project area. In addition, warning signs will be posted on trails during operations in the vicinity of these areas.

The US Fish and Wildlife Service (USFWS) recently listed the northern long-eared bat as Federally Threatened under the Endangered Species Act. This species has been found to roost and rear young in trees as small as 3 inches DBH. In order to protect pregnant females and young bats that cannot yet fly, trees > 3.0 inches DBH would not be cut between April 15 and August 31. In addition to the Forest Plan Standards and Guidelines that protect woodland bats and their habitat, this project would follow all applicable USFWS Terms and Conditions for protecting listed bat species and their habitat.

A cultural site is known to occur in the project area. Project activities are designed to avoid and protect this site.

Buckthorn, a non-native invasive plant species (NNIS) is also known to occur in the project area. Project activities are designed to prevent spread of NNIS populations.

Floodplains and wetlands occur adjacent to Moat Brook. ATV and/or other motor vehicle use would only occur under dry soil conditions, and would avoid a 100 foot riparian buffer adjacent to these areas. In addition, ATVs and/or other motor vehicles would not ford flowing intermittent streams, and any rutting would be repaired.

Implementation of project activities may begin as soon as spring 2016 and will continue intermittently throughout the year, and possibly into spring of 2017. My decision also includes maintaining this fuelbreak within 3-5 years following its creation, if needed to continue to be effective in facilitating wildfire suppression activities.

This shaded fuelbreak will facilitate wildfire control by providing “defensible space” from which firefighters could safely and effectively conduct suppression and structure protection activities. In other words, the shaded fuelbreak will provide a safe location to deploy firefighting equipment and personnel, and to access homes in the WUI area.

Dandiview/Birch Hill WUI Project – Decision Memo

5

This decision is based on my review of the project record, including input from the public and appropriate resource specialists. The record shows a thorough review of relevant scientific information, a consideration of responsible opposing views, and the acknowledgement of incomplete or unavailable information, scientific uncertainty, and risk. My decision is also based on my past experiences with fuel reduction techniques in similar forest types.

4. Rationale for Categorically Excluding the Decision

Based on information in the project record and my experience with similar activities, I have concluded that this decision can be categorically excluded from documentation in an environmental impact statement or environmental assessment.

Decisions may be categorically excluded from documentation in an environmental impact statement or an environmental assessment when they are within one of the categories found at 36 CFR 220.6(d) and (e), and there are no extraordinary circumstances related to the decision.

4.1 Category of Exclusion

I have determined that the selected action is a routine activity within the following category of exclusion found at 36 CFR 220.6(e)(6):

Timber stand and/or wildlife habitat improvement activities that do not include the use of herbicides or do not require more than 1 mile of low standard road construction.

4.2 Finding that No Extraordinary Circumstances Exist

Based on information presented in this document and the entirety of the project record, I have evaluated the resource conditions listed in 36 CFR 220.6(b)(1) and determined there are no extraordinary circumstances related to this project. As indicated in 36 CFR 220.6(b)(2), the mere presence of one or more of the listed resource conditions does not preclude use of a categorical exclusion. It is the degree of the potential effects of a proposed action on these resource conditions that determines whether extraordinary circumstances exist. As long as the potential effects on these resources are clearly not significant, there are no extraordinary circumstances (Forest Service Handbook 1909.15, Chapter 31.2). A

White Mountain National Forest – Saco Ranger District

6

summary of the project’s potential effects on each resource condition follows.

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

The Endangered Species Act requires that federal activities not jeopardize the continued existence of any species federally listed or proposed as threatened or endangered, or result in adverse modification to such species’ designated critical habitat. As required by this Act, potential effects of this decision on listed species have been analyzed and documented in a Biological Evaluation (project record).

Based on known occurrence records and habitat conditions, 2 federally listed species have the potential to occur in the area that would be affected by this project: Canada lynx and Northern long-eared bat. For the reasons indicated in the Biological Evaluation, it was determined that this decision “may affect but is not likely to adversely affect” the Northern long-eared bat and will have “no effect” on Canada lynx. The U.S. Fish & Wildlife Service has reviewed our findings, and issued written concurrence with them (project record).

Potential effects of this decision on Regional Forester sensitive species (sensitive species) also have been analyzed and documented in a Biological Evaluation (project record).

Based on known occurrence records and habitat conditions, 3 sensitive species have the potential to occur in the area that would be affected by this project: eastern small-footed myotis, little brown myotis and tri-colored bat. For the reasons indicated in the Biological Evaluation, it was determined that this decision “may impact individuals, but would not likely cause a trend toward federal listing or loss of viability” for eastern small-footed myotis, little brown myotis and tri-colored bat. This project also would have “no impact” on any other sensitive species because they do not occur in the project area.

Floodplains, Wetlands, or Municipal Watersheds

Executive Orders 11988 and 11990 direct federal agencies to avoid adverse impacts to floodplains or wetlands, which are defined in the executive orders.

Two small portions of the project area are located adjacent to Moat Brook, and within the associated floodplain/wetland. Forest Plan management direction and project design features will be implemented during project implementation to

Dandiview/Birch Hill WUI Project – Decision Memo

7

ensure that impacts to streams, floodplains and wetlands are prevented. These include restricting any ATV and/or other motor vehicle use in the Project Area to dry soil conditions, and avoiding this use within a 100 foot riparian buffer adjacent to these areas. In addition, ATVs and/or other motor vehicles will not be allowed to ford flowing intermittent streams, and any soil rutting from project activities will be repaired. Therefore effects from this project will be non-existent. Field review (monitoring) of similar projects validates a lack of resource effects from similar activities (project record).

The WMNF Forest Plan indicates that high quality water will be maintained for public water supplies (USDA Forest Service 2005a, pp. 1-18). The Project Area is located with the municipal watershed for Biddeford, Maine, which is approximately 1,700 square miles in size. The water supply intake for this municipality is located over 70 miles downstream from the Project Area. Given the large size of the watershed, the distance from the project to the water supply intake, application of Forest Plan Standard and Guidelines and project design features to minimize project effects to streams and wetlands/floodplains during project implementation, as well as the limited scope, intensity and duration of project activities, effects from project implementation on public water supplies would be minor or non-existent.

Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas

The Project Area is not located within any Congressionally designated areas. The closest Wilderness, the Presidential Range-Dry River Wilderness Area, is located approximately 7 miles from the project area. The only Congressionally-designated Wild and Scenic River located on the Forest is the Wildcat River, which is located approximately 14 miles northeast of the Project Area. The Swift River is the nearest eligible Wild and Scenic River to the Project Area, and is located approximately 2.5 miles to the south.

The project record indicates that impacts from this project would be limited to the immediate area of activity. Therefore this decision will not affect any Wilderness Area or Wild and Scenic River.

Inventoried roadless area or potential wilderness area

There are no inventoried roadless areas from the Roadless Area Conservation Rule or WMNF Forest Plan inventories in the area that would affected by this

White Mountain National Forest – Saco Ranger District

8

decision. Therefore this decision will not affect inventoried roadless areas.

Research Natural Areas

There are no Research Natural Areas in the project area. The closest Research Natural Area, the Shingle Pond Candidate Research Natural Area, is located approximately 5 miles north of the project area. This decision, with impacts limited to the immediate area of activity, will not affect Research Natural Areas.

American Indian and Alaska Native religious or cultural sites

This decision complies with the Native American Graves Protection and Repatriation Act. Surveys were conducted for Native American religious or cultural sites that might be affected by this decision, however none were found in the project area (project record). Project activities will have no effect upon Native American religious or cultural sites. Consultation occurred with the State Historic Preservation Office and they concurred with our findings (project record).

Archaeological sites and historic properties or areas

This decision complies with the National Historic Preservation Act and the Archaeological Resources Protection Act. Surveys were conducted for archaeological sites and historic properties or areas that might be affected by this decision (project record). There is one historic site located within the project area. Project mitigation measures include avoiding this site during project implementation; therefore it will not be adversely affected by project activities. Consultation occurred with the State Historic Preservation Office and they concurred with our findings (project record).

5. Public Involvement

This project was listed on the quarterly White Mountain National Forest Schedule of Proposed Actions (SOPA) beginning on January 1, 2015, and will remain on the SOPA until after a decision is made.

Public involvement included scoping interested parties such as project abutters, local fire departments, local, state and federal elected officials, the New England Mountain Bike Association, as well as members of the public who requested involvement. An Invitation to Comment was published in the Conway Daily Sun

Dandiview/Birch Hill WUI Project – Decision Memo

9

on May 19, 2015. An overview of the project was presented at the Conway selectboard meeting on that same date. On May 27, 2015, an article describing the project was published in the Conway Daily Sun.

Comments were received from nine individuals in response to scoping efforts. These comments identified concerns regarding project effects on unauthorized motorized use in the project area, slash treatment, and trespassing, water supply sources and leach fields located on abutting private lands. Original comments can be found in the project file.

6. Findings Required By and/or Related to Other Laws andRegulations

My decision will comply with all applicable laws and regulations. I have summarized some pertinent ones below.

National Environmental Policy Act

This Act requires public involvement and consideration of potential environmental effects. The entirety of documentation for this decision supports compliance with this Act.

Forest Plan Consistency (National Forest Management Act)

The National Forest Management Act (NFMA) requires that all site-specific project activities be consistent with direction in the applicable Land and Resource Management Plan (Forest Plan). This project implements the WMNF Forest Plan. As required by NFMA Section 1604(i), I find this project to be consistent with the WMNF Forest Plan including goals, objectives, desired future conditions, and Forest-wide and Management Area standards and guidelines.

Endangered Species Act

See 4.2, Federally Listed Species, in this document.

Clean Water Act

The intent of the Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of best management practices. This decision incorporates best management practices where applicable to ensure protection of soil and water resources (project record).

White Mountain National Forest – Saco Ranger District

10

Wetlands (Executive Order 11990) and Floodplains (Executive Order 11988)

See 4.2, Floodplains, Wetlands, or Municipal Watersheds, in this document.

Clean Air Act

Under this Act areas of the country were designated as Class I, II, or III airsheds for Prevention of Significant Deterioration purposes. Impacts to air quality have been considered for this decision. Class I provides the most protection to pristine lands by severely limiting the amount of additional human-caused air pollution that can be added to these areas. The Great Gulf and the Presidential Range-Dry River Wilderness areas, the closest of which is approximately 7 miles from this project, are the only a Class I airsheds on the WMNF. This decision, with impacts limited to the immediate area of activity, will not affect any Class I airsheds.

National Historic Preservation Act, Archaeological Resources Protection Act, Native American Graves Protection and Repatriation Act

See 4.2, Native American Cultural Sites, and Archaelogic/Historic Sites, in this document.

Wild and Scenic Rivers Act

See 4.2, Congressionally Designated Areas, this document.

Federal Noxious Weed Act of 1974 and Executive Order 11312 (Non-Native Invasive Species)

The Federal Noxious Weed Act requires cooperation with State, local, and other federal agencies in the management and control of non-native invasive species (NNIS); Executive Order (EO) 11312 requires all pertinent federal agencies (subject to budgetary appropriations) to prevent the introduction of NNIS. Control of NNIS populations located within the project area is an ongoing programmatic activity on the Forest, that will not be affected by this decision. This project’s decision meets the intent of this law and EO by incorporating all pertinent Forest Plan Standards and Guidelines to ensure the management and control of NNIS (project record).

Migratory Bird Treaty Act

This decision is consistent with this Act, Executive Order 13186, and the Memorandum of Understanding between the Forest Service and U.S. Fish &

White Mountain National Forest – Saco Ranger District

12

References Town of Conway, New Hampshire. 2014. Conway Hazard Mitigation Plan Update 2014. http://conwaynh.org/townmanager/Conway_HMP_APA_May19_14.pdf. Conway, New Hampshire.

USDA Forest Service. 2005a. White Mountain National Forest Land and Resource Management Plan. White Mountain National Forest. Laconia, New Hampshire.

USDA Forest Service. 2005b. White Mountain National Forest Land and Resource Management Plan; Final Environmental Impact Statement and Appendices. White Mountain National Forest. Laconia, New Hampshire.

USDA Forest Service. 2005c. Record of Decision. Final Environmental Impact Statement to accompany the Land and Resource Management Plan. White Mountain National Forest. Laconia, New Hampshire.

USDA Forest Service. 2014. National Environmental Policy Act Handbook 1909.15, Chapter 30 - Categorical Exclusion From Documentation. Washington, D.C.