▪ Oregon Wild and Scenic Rivers Program
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District Ranger
Siskiyou NF- Illinois Valley RD
26568 Redwood Highway
Cave Junction, OR 97523
Comments on the the McGrew/Sourdough Four Wheel Drive Ride and Sourdough Campout
These comments are on behalf of Friends of Living Oregon Waters (FLOW) and our members. Members of FLOW use and enjoy the McGrew Trail and North Fork Smith Wild and Scenic River, and adjacent lands and waters, for professional, aesthetic, and recreational purposes, including botanical study, photography, fishing, swimming, walking, whitewater kayaking, camping, observing wildlife, and enjoying solitude.
FLOW’s primary concerns are that the McGrew/Sourdough 5 year Special Use Permit for the Pacific Northwest Four Wheel Drive Club will: (1) degrade the Outstandingly Remarkable Values of the North Fork Smith Wild and Scenic River (2) harm rare and endemic species (3) increase pollution and degrade water quality, and (4) deprive the public of the right to be fully apprised of the environmental impacts of motorized uses, and to participate effectively in agency decisions that allow such uses. In addition to our comments below, we attached an appendix of photographs (with brief text explanations) that help demonstrate our concerns.
1. The NEPA process is designed to determine the environmental effects of such an action and to involve the public in the decision-making process. The USFS should determine the effects of the event upon the “Wild” North Fork Smith River and Sourdough Area before a Special Use Permit is issued and fully involve the public in determining the impacts of such an event and use.
FLOW is very concerned about the propriety of analyzing the environmental significance of off-road vehicle use within the “Wild” North Fork Smith River before the Biscuit Fire EIS is completed. Until the assessment of changed conditions on the ground is complete, with full public participation, there is simply no adequate analysis to tier to in the decision making process.
With the changed conditions along the McGrew Trail, the “trail” is more susceptible to off-road vehicle users straying off-trail and into sensitive habitat. This is not atypical off-road vehicle user behavior and this risk should be properly analyzed in the forthcoming NEPA analysis.
Before a decision is made, in determination of NEPA significance, Siskiyou National Forest needs to verify changes in on-the-ground conditions. These issues include the status of rare and endemic species, such as the listed Arabis mcdonaldia and the Port-Orford Cedar stands. In the post-Biscuit Fire environment protecting rare and endemic species status is of particular importance as they are “seed sources” for fire recovery.
There needs to be a NEPA analysis of the cumulative effects of off-road vehicle use within the area and the planned Biscuit Fire EIS activities within the same area. Clearly, this analysis would require an EIS, or at least an EA. In the alternative, ORV use within the area should be included in the Biscuit Fire EIS.
2. The Wild and Scenic Rivers Act defines "wild" river areas as "free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. These represent vestiges of primitive America."
The Wild and Scenic Rivers Act section 10 requires the Forest Service to administer the North Fork Smith Wild and Scenic River "in such a manner as to protect and enhance the values which caused it to be included" in the national wild scenic rivers system, and "[i]n such administration primary emphasis shall be given to protecting [the river's] aesthetic, scenic, historic, archaeologic, and scientific features." 16 U.S.C. § 1281(a). The Forest Service has violated its duty to protect and enhance the values of the North Fork Smith Wild and Scenic River by authorizing four-wheel drive and motorized uses that degrade wildlife, scenery, fisheries, and other natural values of the North Fork Smith Wild and Scenic River. The Forest Service duty is to give primary emphasis to the North Fork Smith Wild and Scenic River's aesthetic, scenic, historic, archaeologic, and scientific features. The Congressional Record for the Omnibus Act indicates that the North Fork of the Smith River was originally included in the National River Inventory for its “outstandingly remarkable” scenery, whitewater recreation potential, water quality and fisheries. It further stated that, “The scenery and emerald hued water of the Oregon portion of the North Fork Smith River greatly enhances and complements these values immediately downstream.
WSRA requires that every river included in the wild and scenic rivers system shall be classified, designated, and administered as one of three classifications. 16 U.S.C. § 1274(b). The "wild" segment of the North Fork Smith Wild and Scenic River must be administered as "free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. These represent vestiges of primitive America." 16 U.S.C. § 1274(b)(1). The Forest Service's allowance of four-wheel drive and motorized uses in the "wild" segment of the North Fork Smith Wild and Scenic River violates its duty to administer the segment as generally “inaccessible except by trail and as essentially primitive with waters unpolluted.”
4. Under NEPA, a federal agency must prepare a detailed EIS for any “major federal action that will have a significant impact on the quality of the human environment,” which has been construed to mean land, air or water. 40 CFR 1508.14.
40 CFR 1508.27(b) lists a number of factors to be considered in determining whether a proposed action is “significant” for purposes of NEPA. The relevant factors to determine if a proposed action is “significant” is as follows:
a. “Unique characteristics of the geographic area such as proximity to... cultural resources, wild and scenic rivers, or ecologically critical areas.” 40 CFR 1508.27(b)(3)
The McGrew Trail 4wd Event is within the “wild” section of the North Fork Smith Wild and Scenic River. These evaluations should be analyzed in a full EIS, and submitted to the public for comments. Further, in the post-Biscuit Fire environment, the habitat and soils of the area are especially sensitive.
b. “The degree to which the effects... are likely to be highly controversial.” 40 CFR 1508.27(b)(4)
The use of a “wild” river area for a 4wd event that is growing, and already has 110+ vehicles and 250+ persons attending is highly controversial.
c. “The degree to which the possible effects... are highly uncertain or involve unique or unknown risks.” 40 CFR 1508.27(b)(5)
The risks of 4wd activity in the Sourdough area and “wild river” area are severe. The risks include all of the associated impacts from 4wd activity including impacts to vegetation, soils, wildlife, water quality, visual quality, and public safety.
d. “The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration.” 40 CFR 1508.27(b)(6)
The allowance of motorized activity within the “wild” river corridor is in conflict with the stated intent of the Wild and Scenic Rivers Act that the "wild" segment of the North Fork Smith Wild and Scenic River be “generally inaccessible except by trail and as essentially primitive with waters unpolluted.”
e. Whether it is “reasonable to anticipate a cumulatively significant impact on the environment.” 40 CFR 1508.27(b)(7)
Monitoring data showed that there were effects from 4wd activity in the Sourdough Camp area. The effects of 4wd/ORVs are very significant and have resulted in “14 unofficial roads cut into banks separating the riparian meadow floodplain from the forested area upslope or the rocky beach from the riparian meadow.” (USFS Botanical Effect/Sourdough 4wd Monitoring July 31, 2001)
f. “The degree to which the action may... cause loss or destruction of significant scientific, cultural, or historical resources.” 40 CFR 1508.27(b)(8)
See reasons stated under “a”, above.
g. “The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of 1973.” 40 CFR 1508.27(b)(9)
The use of Off-Road Vehicles in the habitat of rare and narrowly endemic plants, including at least one species listed under the Endangered Species Act (Arabis mcdonaldia), is a significant threat to a listed species and its habitat.
h. “Whether the action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment.” 40 CFR 1508.27(b)(10)
The proposed action threatens violations of the National Wild and Scenic Rivers Act, National Environmental Policy Act, and the Endangered Species Act.
5. The Forest Service often cites Forest Service Handbook 1909.15(31) as the legal basis for its decision to exclude special use permits from an environmental analysis. Yet the McGrew Trail Special Use Permit does not fall under Categorical Exclusion “Decision Memo not required” categories in 31.1a & b. Nor does the McGrew Trail event fall into a category in which a Decision Memo is required under 31.2. 31.2(3)(b) allows for a Special Use Permit for a one-time event. This is a five-time event, with one race for each of the next five years even with the growing popularity of 4wd vehicles. This event has environmental significance requiring NEPA documentation, especially considering that the Sourdough Camp is within the “wild” section of the North Fork of the Smith River. The Forest Service should not violate its duties to complete NEPA on the proposed issuance of environmentally significant special use permits.
Summary
The Forest Service should not act to permit motorized uses of the McGrew Trail and "wild" section of the North Fork Smith Wild and Scenic River without first analyzing all individual and cumulative impacts of such uses through an EA/EIS.
Respectfully submitted,
Joe Serres, Conservation Coordinator Co-Director, FLOW