United States 

Department of 

Agriculture 

Forest 

Service 

Southwestern 

Region 

MB-R3-01-5 

April 2013 

Final Environmental 

Impact Statement for 

the Rim Lakes Forest 

Restoration Project 

Apache-Sitgreaves National 

Forests, Coconino County, 

Arizona
Cover Photos: Fulton Point now and in 1909. Fulton Point is within the Rim Lakes Forest 

Restoration Project area. 

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Printed on recycled paper – April 2013 
FEIS for the Rim Lakes Forest Restoration Project i 

Final Environmental Impact Statement 

for the 

Rim Lakes Forest Restoration Project 

Apache-Sitgreaves National Forests 

Coconino County, Arizona

Lead Agency: U.S. Forest Service 

Responsible Official: James E. Zornes, Forest Supervisor 

 Apache-Sitgreaves National Forests 

 P.O. Box 640 

 Springerville, AZ 85938-0640 

 (928) 333-4301; FAX: 333-5966 

For Information, Contact: Christopher James, District Ranger 

 Black Mesa Ranger District 

 P.O. Box 968 

 Overgaard, AZ 85933 

 (520) 535-4481 FAX; (520) 535-5972 

Abstract: This environmental impact statement discloses the effects of a proposal to treat 

vegetation in a 33,500-acre project area. The proposed action (alternative B) would selectively cut 

trees on approximately 23,615 acres and then broadcast burn on those acres. On approximately 

9,340 acres, broadcast burning would occur without mechanical treatment. The proposed action 

includes an amendment to the “Apache-Sitgreaves National Forests Land and Resource 

Management Plan” (forest plan). Alternative C is the other action alternative considered in detail. 

It would implement the same proposal, except limit mechanical treatment to trees less than 16 

inches in diameter, moving many treated stands toward even-aged conditions. Alternative C also 

proposes an amendment to the forest plan in order to allow for this even-aged condition. 

Alternative B is the preferred alternative.

A comment period for the draft environmental impact statement occurred in Fall 2012. 

According to 40 CFR 1503.4, an agency preparing a final environmental impact statement (FEIS) 

shall assess and consider comments both individually and collectively, and shall respond. Upon 

review of the comments, there were no changes necessary to the draft environmental impact 

statement. Therefore, the draft statement with a new cover sheet has been filed as the final 

statement (40 CFR1506.9). Also filed are Appendix D to the FEIS, a response to comments 

received on the DEIS, and Appendix E, which provides copies of comment letters. 

Because this project is proposed under the authority of the Healthy Forest Restoration Act, it is 

subject to a 30-day objection period that will begin upon publication of a notice in the White 

Mountain Independent, following the availability of this FEIS, expected in May 2013. 
FEIS for the Rim Lakes Forest Restoration Project 274 

Appendix D. Response to comments 

Introduction 

The public comment period for the Rim Lakes Forest Restoration Project (Rim Lakes Project) 

Draft Environmental Impact Statement (DEIS) occurred between September 28, 2012 and 

November 13, 2012. This appendix documents how these comments were considered. 

According to 40 CFR 1503.4, an agency preparing a final environmental impact statement (FEIS) 

shall assess and consider comments both individually and collectively, and shall respond by one 

or more of the means listed below, stating its response in the final statement. Possible responses 

are to: (1) Modify alternatives including the proposed action; (2) Develop and evaluate 

alternatives not previously given serious consideration by the agency; (3) Supplement, improve, 

or modify its analyses.; (4) Make factual corrections; or (5) Explain why comments do not 

warrant further agency response, citing the sources, authorities, or reasons which support the 

agency’s position and, if appropriate, indicate those circumstances which would trigger agency 

reappraisal or further response. 

Comments were received as follows: 

Commenter Comment Numbers Abbreviation 

Hopi Tribe 2-5 HT 

White Mountain Apache Tribe 6,7 WMAT 

Arizona Dept. of Environmental Quality 8-11 ADEQ 

Wild Earth Guardians 12-43, 171 WEG 

Ecological Restoration Institute 44-54 ERI 

Arizona Game and Fish Department 55-64 AGFD 

Environmental Protection Agency 65-71 EPA 

Center for Biological Diversity 72-170, 172 CBD 

USDI Office of Environmental Compliance 174-177 OEC 

Note: because of the method for recording comments, comment 1, 100 and 173 are blank. 

The comment letters received for the Rim Lakes Project were logged, with comments assigned. 

Each comment received a response, as noted in Section 3 of this document. Section 1 of this 

document provides a summary. Where themes were identified in the comments, issues were 

developed that received a response in addition to the detailed response. Issues are presented in 

Section 2 below. Detailed responses to each comment—where a response is warranted—are 

located in Section 3 of this document. Appendix E contains copies of actual letters, with 

identified comments marked. 

Although comments and responses provide additional context to analysis, none required 

developing new alternatives, modifying existing alternatives or modifying analysis provided in 

the DEIS. 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 275 

Section 1: Comment summary and responses 

This section provides summary responses to comments. Detailed responses to individual 

comments can be found in Section 3. 

o Tribal consultation: Both the White Mountain Apache Tribe and Hopi Tribe provided 

comments during consultation and during the DEIS comment period. According to the tribal 

comment letters, there should be no effect to tribal interests. Continued communication with 

the tribes is expected as the Rim Lakes Project is implemented. 

o Collaboration: From the point of view of several collaborative partners, including the 

Ecological Restoration Institute, and Arizona Game and Fish Department, this project was a 

model of collaboration for other projects. From other points of view—specifically the Center 

for Biological Diversity—collaboration was inadequate. The detailed responses in Section 3 

identify methods and means for collaboration with publics for the Rim Lakes Project. In 

general, collaborative efforts have been ongoing on the Rim Lakes Project with the White 

Mountain Stewardship’s Multi-party Monitoring Board, the Natural Resources Working 

Group, and the Center for Biological Diversity since 2008 (DEIS page 12). 

o EPA Rating: Based on review of the DEIS, EPA rated the preferred alternative and the 

document as LO-1, Lack of responses to specific EPA concerns and recommendations. 

o Climate change: The EPA recommended additional information in relation to climate 

change, such as exploring how a changed climate might alter expected outcomes of the Rim 

Lakes Project. Detailed responses to these comments note that forest resiliency sought by the 

Rim Lakes Project will make forests better able to adapt as climatic conditions change. Other 

comments focused on the need to consider climate change as a factor in the development of 

this proposal because weather, not vegetation and fuel conditions would be the driver in large 

fire events in the future. Detailed responses refer to a body of scientific research as well as 

local experience indicating that vegetation conditions continue to be drivers for large fires 

now and will continue to be in the future, even if drier conditions become the norm. 

o Comply with requirements for smoke to reduce effects to human health: The EPA also 

noted the Rim Lakes Project relies on broadcast burning to a large degree, and so the effects 

of this activity to health of residences in nearby communities should be considered. The 

detail response to this comment describes the regulatory structure in the State of Arizona to 

mitigate possible health effects caused by prescribed burning. Specifically, under Arizona 

regulations—which Forest Service burns are subject to—a permit must be issued for every 

prescribed burn undertaken by a national forest. Fundamental to the action alternatives is a 

requirement to meet all State and Federal ambient air quality standards. 

o Other regulatory requirements: Commenters cautioned that the Rim Lakes Project must 

meet requirements for the Clean Water Act, as well as other watershed and soil protection. 

As noted in the DEIS, the effects to watershed and soil conditions are mitigated with best 

management practices (BMPs) described in appendix B of the DEIS. 
Appendix D. Response to Comments on the DEIS 

276 FEIS for the Rim Lakes Forest Restoration Project 

o Technical clarifications to the DEIS: Comments were provided that offer suggestions for 

clarifying the document, such as explaining why re-entry burning isn’t planned in dry mixed 

conifer; clarifying use of the stand density index (SDI), and the relationship between tree size 

and age; and expanding on the description of treatment methods. These comments receive 

individual responses in Section B of this document. 

o Technical suggestions about alternatives or analysis: Suggestions were given in the 

following specific areas with detailed responses provided in Section 3. 

o Avoid even-aged management; 

o Avoid diameter limits while emphasizing small tree removal/reduction;

o Enhance meadows and riparian areas; 

o Analyze Alternative C as an un-even aged alternative; 

o Analyze cumulative effects more thoroughly;

o Analyze how the Rim Lakes Project will address mortality of large trees; 

o Make insect/disease discussions more clear, and analyze how diversity—including insect 

and disease—will be allowed to play a role in the project’s design;

o Consider an alternative that would close or rest the grazing allotments within the 

planning area to assure effectiveness of treatments; and

o Consider an alternative that would use only current open roads.

o Migratory Bird Treaty Act: The OEC commented on incomplete analysis for the Migratory 

Bird Treaty Act. It appears these comments were based on a number of assumptions about 

the Rim Lakes Project location and the nature of mitigation measures that were not accurate. 

A detailed response is proved in Section 3. 

o Goshawk guideline controversy: CBD raised a question about the effectiveness of the 1992 

Goshawk Guidelines. CBD asked for a detailed response to research hypothesizing that 

goshawk guidelines are not effective. This opposing view is mentioned in the DEIS (page 

139) and described in more detail in Section 3 of this document, where reference is made to 

research that provides context to the viewpoint presented in the comment. As noted in 

detailed responses, research shows the guidelines offer the best description of goshawk 

habitat needs as a habitat generalist, requiring both open forests for foraging, as well as 

closed canopy necessary for reproduction. The 1996 Forest Plan and site-specific amendment 

in the Rim Lakes Project are informed and supported by these scientific findings. 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 277 

Section 2: Issues and Responses 

The following issues derive from comment themes that have been identified from several 

comments. Responses to the issues are intended to avoid repeating the same or similar answer. 

Detailed responses to individual comments are found in Section 3. 

1. The DEIS does not adequately justify how it meets the criteria of Healthy Forest 

Restoration Act (HFRA), nor how it was developed using a collaborative process as 

required by the HFRA. 

Section 102 of the HFRA describes the authorized projects. Criteria that apply to this project 

include federal land in a wildland-urban interface; and federal lands that are important to 

threatened species or habitat where such a project would provide protection to the species. The 

Rim Lakes Forest Restoration Project meets these criteria. In May 2004, “the Community 

Wildfire Protection Plan for At-Risk Communities of the Sitgreaves National Forest in Apache, 

Coconino, and Navajo Counties” (PR 200) was finalized. The scoping letter and attached project 

description (PR 285) describes the area as Fire Regime Condition Class 3, at risk communities, 

and the presence of Threatened and Endangered Species habitat (Mexican spotted owl). An open 

house was advertised in the Mogollon Connection (PR 300), White Mountain Independent (PR 

303), and the Pioneer Newspaper (PR 301). The open house was held on January 26, 2008 with 

maps and treatment descriptions for the public (PR 307). 

The Rim Lakes DEIS area is the same one described in the scoping letter. The DEIS summarized 

this analysis (pages 1-2) in describing the purpose and need (page. 3) and in relation to fire hazard 

(page 9). 

2. The purpose and need does not justify the treatments proposed, especially the mechanical 

treatments, which are likely to be more harmful than efficient prescribed burning. A 

better method would be to use a quantitative risk assessment to show the trade-offs of 

mechanical treatments and prescribed burning, which should include the need for 

repeated treatments and cumulative effects of those treatments. 

Both action alternatives include areas treated only with prescribed fire (about 9,300 acres). These 

areas were chosen to be treated with prescribed fire without mechanical treatment because there is 

a low risk of fire escape associated with fuel loadings, and a high probability of meeting the 

purpose and need for this project with fire only. These are also areas where in resource 

considerations were taken into account that restrict mechanical treatment. 

As part of the project’s design, some areas have been identified to be mechanically treated prior 

to burning. These areas have been identified as having a low probability of meeting purpose and 

need, higher probability for fire escape, and un-intended ecological consequences if treating with 

prescribed fire alone. The risk of damages from prescribed fire are less controllable in these areas 

than the risk of damages from mechanical treatments (which are low due to BMPs found in 

Appendix B of the DEIS). 

The project analysis relies on site -specific data, rather than analytical tools proposed in the 

comments (such as work by Rhodes and Baker 2008). Specific data from fire history records for 

the past 40 years indicate that the area averages 23 fire starts a year during the months of June 

and July. These two months historically include very dry, warm and windy conditions. 

Suppression efforts alone have kept these fires small. During these type of weather conditions 

fire effects are expected to be damaging to watersheds, recreational values, wildlife habitat, and 
Appendix D. Response to Comments on the DEIS 

278 FEIS for the Rim Lakes Forest Restoration Project 

other human and ecosystem values, as can be seen by the high amount of expected passive and 

active crown fire (67% of the area and noted in the Fuels Report page 13 (PR 443)). This 

indicates a high probability of fire starts in the area, high hazard (crown fire), and therefore a high 

risk to the values as documented in each respective specialist 

Stephens et al. 2012 (PR 509) conclude that fuel reduction objectives are accomplished with little 

unintended consequences. Vegetation, soils, wildlife, bark beetles and carbon sequestration 

exhibit subtle effects or none at all. As described in the DEIS, maintenance burning would be of 

low severity within timeframes that don’t allow for high fuel loads to accumulate. This would 

mitigate effects. As stated previously, the project purpose and need is to restore forest ecosystem 

resilience and sustainability for the benefit of multiple resources, not just hazardous fuels 

reduction. 

3. At the Project level, FRCC is not the appropriate measure to determine eligibility under 

HFRA. 

The DEIS displays the current FRCC under alternative A as FRCC 3. Table 27 (pages 72-73) in 

the DEIS, including the graph, displays the FRCC for the current condition of the area and the 

percentages that would result from the proposed treatments. 

As also noted in the Fuels Specialist Report (PR 443 page 9), the use of FRCC was determined to 

be a valid method to measure the changes between no action and the action alternatives. As 

defined in the 2010 FRCC guidebook V. 3.0 (PR 403), FRCC provides assessment at both the 

landscape and stand scales (page 2). Field sampled stand data in conjunction with field verified 

remotely sensed data was used to analyze FRCC at this finer scale. 

4. All treatments of trees greater than 9 inches diameter are in direct conflict with the HFRA 

requirement to retain large trees. 

HFRA does not limit tree removal to only small trees as claimed in the comments. The HFRA 

was passed into law to deal with Hazardous Fuel Reduction on Federal Land. It provides for the 

identification and prioritization of areas for hazardous fuel reduction treatments that will protect 

at-risk communities and essential infrastructure. 

HFRA (PR 191) includes direction for old growth and large tree retention as stated below: 

o Section 102 (e) (2) describes project requirements to restore the structure and composition of 

old growth stands: “In carrying out a covered project, the Secretary shall fully maintain, or 

contribute toward restoration of, the structure and composition of old growth stand according 

to the pre-fire suppression old growth conditions characteristic of the forest type, taking into 

account the contribution of the stand to landscape fire adaptation and watershed health, and 

retaining the large trees contributing to old growth structure.” 

o Section 102. (f) (1) (A) provides for projects to “focus largely on small diameter trees, 

thinning, strategic fuel breaks and prescribed fire to modify fire behavior, as measured by the 

projected reduction of uncharacteristically severe wildfire effects for the forest type and (B) 

maximizes the retention of large trees as appropriate for the forest type, to the extent that the 

trees promote fire-resilient stands.” 

o Section 102(f)(2) addresses wildfire risk by saying “nothing in subsection 102(f)(1) requiring 

large tree retention should be interpreted in a manner that prevents achievement of the 

purposes described in section 2(1) [which is “to reduce wildfire risk to communities, 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 279 

municipal water supplies, and other at-risk Federal land through a collaborative process of 

planning, prioritizing, and implementing hazardous fuel reduction projects” ] 

This is confirmed in FS guidance titled “The Healthy Forests Initiative and Forests Restoration 

Act, Interim Field Guide,” (PR 197, page 29), which notes “[t]he HFRA also states that the large 

tree retention requirements of Section 102(f) must not prevent agencies from reducing wildland 

fire risk to communities, municipal water supplies, and at risk Federal land.” (PR 197). 

Analysis provided in the DEIS uses data from the Forest and project area support findings that 

current conditions place the project area at risk, with removal of trees greater than 9 inches in 

diameter being critical to reducing that risk. See following issues that describe how the project 

maintains large trees and old-growth. 

5. The Forest should have data to support how many larger trees exist in the project area so 

you can determine how this project affects old-growth. 

Rim Lakes proposed action will not remove existing old growth stand structure. The proposal 

allows for some (very few) diseased old trees to be removed for health and safety or ecological 

reasons related to protection of younger age classes. Existing old growth groups of trees will be 

retained. In fact, treatment described in Alternative B will result in an acceleration of growth of 

large young trees, creating larger trees more quickly than the other alternatives and restore the 

structure and composition toward pre-fire suppression old growth in the project area. The 

primary focus of this project is to restore ecosystem resiliency by moving the forest structure and 

species composition toward uneven-aged, old growth forest characteristics that were found in the 

project area before fire suppression became a dominant management strategy. 

The 2011 Forest Inventory and Analysis (FIA) data from the Apache-Sitgreaves National Forests 

has been reviewed and compared similar data from 1911 (PR 562). This comparison shows that 

an average of 6.51 more trees per acre greater than 16 inches dbh are currently found than 

measured in the 1911 Northern Arizona forest inventory. Although on average the tree size in 

stands has declined since 1911, this average reflects the increase in the number of small diameter 

trees per acre (e.g. increased by hundreds of trees per acre), not a substantial reduction in the 

number of trees larger than 16 inches diameter. The very largest trees (greater than 26 inches in 

diameter) were not very numerous historically, representing only one tree per every 2-4 acres in 

1911. (PR 562) 

Analysis of the number of trees greater than 16 inches diameter is found in the in the DEIS (pages 

57-58) and Silviculture Reports (PR 449, PR 450, and PR 552 and PR 553). Trees greater than 9 

inches in diameter represent the predominant size class and comprise the greater number of trees 

per acre. No effective treatment to achieve wildland fire objectives could be considered without 

treating trees of these sizes. This can still be done while retaining most large trees. 

6. The Forest should consider an alternative that uses the recently developed Four Forest 

Restoration Initiative (4FRI) large tree retention strategy (LTRS). This would show 

support of a collaborative process, would meet the purpose and need for reducing fuel 

hazards, and would keep most large trees. 

Rim Lakes began as a project in 2005 with a collaborative basis in the CWPP developed through 

a collaborative process (PR 200). Treatments developed for the proposed action came from a 

purpose and need defined in the CWPP and the Forest Plan, as well as developments in the best 

science available during the years between 2005 and 2011. Steps in the collaboration included 
Appendix D. Response to Comments on the DEIS 

280 FEIS for the Rim Lakes Forest Restoration Project 

involvement in the White Mountain Stewardship Project’s Multi-Party Monitoring Board and the 

Natural Resources Working Group, as well as efforts with the Center for Biological Diversity. 

As noted in the comments that aggregated into this issue, alternative C was developed as an 

alternative to the proposed action. It was developed through a collaborative process and analyzed 

the different approach recommended by the Center for Biological Diversity at that time, which 

was in favor of analyzing a16-inch diameter cap alternative. 

The LTRS developed by the 4 FRI Collaborative is an effort to respond to common issues and 

understand forest conditions in an appropriate social context for that project. The Rim Lakes 

Project developed its strategies in a similar way, but because the context is different, did not come 

to the exact same conclusions. 

Nonetheless, the 4FRI collaborative has been briefed about the Rim Lakes project, with 

discussions between the 4FRI collaborative and the Rim Lakes effort taken up in 2012 at the 

request of the Forest and the 4FRI group. In a letter from members of the 4FRI collaborative to 

Corbin Newman, dated July 6, 2012 (PR 516), they offered comments on Rim Lakes in response 

to the publication of the Notice of Intent dated March 29, 2012 (PR 480). In the summer of 2012, 

field trips were held providing an opportunity for the 4FRI group to see the Rim Lakes area and 

proposed treatments (PR 518, PR 519), as noted in the DEIS page 12. 

As a result of the DEIS comments by the Center for Biological Diversity, the applicable LTRS 

emphasis and exception categories have been reviewed and found to be similar to actions 

proposed in Alternative B (see detailed responses found in Section 3). Given the similarities 

between Alternative B and the LTRS, no additional alternative is warranted. 

In addition, these comments provide no description for how the LRTS in itself would be more 

effective than Alternative B or Alternative C in reducing fire hazard or promoting old growth 

structure. 

7. An alternative that used the Large Tree Retention Strategy would not require any plan 

amendment. 

It is also not clear from the comments how an LTRS alternative—which includes interspaces—

would avoid the need for a plan amendment. A project specific amendment is necessary to 

achieve the purpose and need because current forest plan does not specifically describe the grass, 

forb, shrub interspaces that are characteristic of a resilient natural forest conditions 

The plan amendment for the Rim Lakes Alternative B insures plan consistency. The plan 

amendment is based upon desired conditions, largely informed by historic reference conditions. 

These desired conditions are well-supported by the scientific literature. 

8. The Large Tree Retention Strategy (LTRS) developed by the Four Forest Restoration 

Initiative (4FRI) should be used to avoid removing large trees. 

These comments postulate removal of large trees is not needed to meet the purpose and need 

because research shows large trees do not contribute to fuel hazard. The comments also note that 

large trees must be conserved if restoration is the goal. 

The purpose and need for the Rim Lakes project places high value on conserving and restoring 

forest structure (DEIS page 3), with emphasis on large trees in Forest Plan direction. Both action 

alternatives retain large trees. The DEIS indicates that Alternative B would produce more large 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 281 

trees over the time frame analyzed than Alternative C. Also the large trees will be more 

sustainable and less susceptible to loss from threats such as insects, disease and 

uncharacteristically severe wildfire. 

The Rim Lakes Project removes some larger trees to ensure a spatially heterogeneous canopy fuel 

profile. The project also focuses on restoring historically characteristic uneven-aged forests, not 

the further development of uncharacteristic forests with one dominant age class. Management 

that focuses strictly on large tree retention would result in unnatural, homogenous, and 

unsustainable forest landscapes dominated by mature forests everywhere. This historically 

unprecedented condition would be subject to large-scale and severe losses of forest vegetation 

over time due to insects, disease, wildfire and insects. Removal of some large trees is necessary in 

order to improve resilience and sustainability of the forest. 

The proposed LTRS alternative does not address how it would take into account fuel 

loading/arrangement, canopy base height, and local topography, nor does it tell why it would be 

better than the proposed alternatives at avoiding large-tree removal. Table 26 in the DEIS display 

the analysis in regards to surface fuel loading, canopy base height, and canopy bulk density. 

These factors were analyzed for each alternative. The Fire/fuels report (PR 443) lists these three 

elements and describes how the action alternatives would affect them (page 4-5, 8-20). 

9. The Rim Lakes forest plan amendment comes from the 2007 implementation guide for 

the R3 Goshawk, which has never undergone NEPA review. The DEIS fails to disclose 

them as well, including impacts to sensitive species, such as goshawk. 

The “New Goshawk Guidelines – USDA 2007” referenced in the comments were not used for 

analysis, standards, or guidelines. Those implementation guidelines were never adopted by the 

Forest, or the Region, and have not been used by this project. 

The Forest Plan Standards for northern goshawk habitat directs that management be focused on 

development and maintenance of uneven-aged stand conditions. The 1996 Forest Plan Guidelines 

for Mexican spotted owl (MSO) habitat recommends uneven-aged management systems as 

preferred to even-aged management systems. The best available science for local forest ecology 

demonstrates that historic natural forest conditions were uneven-aged forest stands. 

The site-specific forest plan amendment included in Rim Lakes Project was intended to clarify 

that direction, not replace it. It was developed from the Desired Conditions that are incorporated 

into the draft Apache-Sitgreaves Forest Plan Revision process and best available science 

describing historic reference condition. (White, 1985 (PR 43) and Woolsey 1911 (PR 1)) These 

site-specific Desired Conditions and related amendments are undergoing NEPA analysis and 

disclosure in this environmental document (DEIS). 

The analysis for wildlife is found in the DEIS and considers the effects of the treatments (page 

references 46, 100, 171, 192, 209, 218, 230). Northern goshawk were evaluated in the Wildlife 

Specialist Report at three scales and included in the DEIS (pages 112-115; 120-128) and wildlife 

specialist reports (PR 437, PR 438, PR 520). 

In addition, the analysis for the effects of the amendment includes a report updating the Forest 

Management Indicator Species in August, 2012 (PR 521 ). This Forest report was utilized to 

update the MIS analysis in the Rim Lakes Project. The Rim Lakes Project analysis considered 11 

MIS species as well as aquatic macroinvertebrates. After considering the 2011 Wallow Fire, 
Appendix D. Response to Comments on the DEIS 

282 FEIS for the Rim Lakes Forest Restoration Project 

neither action alternative was found to affect forestwide trends. These trends include the upward 

trends that are established for many species or the downward trends established for mule deer and 

macroinvertebrates (DEIS page 133). 

10. Site-specific forest plan amendments are being considered by other Forests for other 

projects and should be considered together. 

Cumulative effects for the project are disclosed for the appropriate resources in the DEIS. These 

disclosures include the Mexican spotted owl. 

During Endangered Species Act (ESA) consultation for Apache Sitgreaves Forest Plan 

(concluded April 2012), the multi-forest programs are considered. In addition, Forest Plan 

revisions are well underway on the Kaibab, Coconino, Prescott, and the Apache-Sitgreaves NFs. 

These plan revisions are being conducted under a separate process and use the desired conditions 

being applied in the Rim Lakes Project. Each would be evaluated at the Forest scale, and where 

appropriate (e.g. ESA) considered at larger scales as desired conditions are achieved in Northern 

Arizona. 

The plan amendment and analysis for the Rim Lakes Project is specific to the Rim Lakes area. 

11. Neither of the action alternatives will meet Forest Plan guidelines for canopy cover in 

northern goshawk habitat because they will not meet the canopy cover requirements of 

the Forest Plan. 

This project includes a forest plan amendment that relates project purpose and need to the best 

available science for restoration treatments. The DEIS explains why the amendment is needed, 

and it describes how the forest plan amendment will be implemented. This amendment has been 

analyzed, and the effects have been disclosed in the DEIS. This project's preferred alternative 

(B) includes a plan amendment that clarifies that canopy cover applies only to the VSS 4-6 

groups. It does not apply across all project area stands (DEIS page 27). 

Canopy cover is not evaluated at the project scale because it cannot be accurately accomplished. 

Effects to forest density are disclosed in terms that can be accurately assessed (basal area, 

trees/acre, and stand density index). Canopy cover is a spatially dependent value (where the trees 

are located is just as important as how many trees). As such, canopy cover and the effect of 

various alternatives cannot be adequately modeled at the project-wide scale. However there is a 

clear discussion of project consistency with Forest Plan requirements. There are specific 

statements that the plan requirements will be met during project implementation, and there are 

clearly specified design criteria that demonstrate how this will be accomplished (DEIS appendix 

B). For example, all PFAs would be managed to meet canopy cover percentages within VSS 4, 5, 

and 6. See DEIS Appendix A, page 251, for details on basal area equivalents which meet the 

canopy cover requirements. 

12. The document must disclose spotted owl impacts, but lacks important information about 

spotted owls near the project area. In addition, this project will affect thousands of acres 

of MSO critical habitat, including PACs. The USFWS must be consulted about how this 

project may affect the MSO including critical habitat. 

A primary purpose of the project is protection of the spotted owl and its habitat. This project was 

planned in strict accordance with the Forest Plan/MSO Recovery Plan (1995) requirements for 

MSO protected and restricted habitats. The project does not propose mechanical treatments 

within any nest/roost core area of any of the 4 PACs within or partially within the project area. 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 283 

One PAC nest/roost will be exposed to broadcast burning outside of the breeding season in order 

to benefit the owl habitat over the long-term (DEIS page 91). Burning in this way does not 

change the forest structure , reducing surface fuels such as duff and litter (DEIS page 92). 

The USFWS has reviewed the project in an appropriate level of consultation with the Forest 

Service and has concurred with the determination that the project “may affect, but is not likely to 

adversely affect, the Mexican spotted owl or its critical habitat.” The issuance of a Biological 

Opinion is not applicable under the informal consultation process. There is no “take” associated 

with the project. (Concurrence letter, PR 444), an opinion reaffirmed in June 2012 (PR 511). 

The 2004 MSO critical habitat final rule clarified the primary constituent element (PCE) 

descriptions to assist landowners and managers in identifying areas containing these elements. 

Critical habitat is defined as those areas within the mapped unit boundaries that meet the 

definition of protected or restricted habitat as defined in the 1995 Recovery Plan (PR 104). 

Designated critical habitat acres within a “Critical Habitat Unit” include only those acres defined 

as protected and restricted habitat in the Apache-Sitgreaves Forest Plan. Other forested and nonforested vegetation types occur within the Critical Habitat Unit boundaries but are not considered 

designated critical habitat. The project area includes areas that do not meet the definition of 

critical habitat and therefore do not contain the necessary Primary Constituent Elements as 

defined in the Final Rule designating critical habitat for the spotted owl (USDI 2004). 

As described in the DEIS, 3,886 acres within the critical habitat boundary have habitat 

characteristics that meet the definition of critical habitat and contain the PCEs (DEIS, page 85). 

Approximately 22,507 acres within the critical habitat boundary would be treated during the 15 

year implementation by low severity prescribed fire, which would not result in adverse effects 

(DEIS pages 98 and 102), but provide for protection of critical habitat and PCEs. The USFWS 

concurred with this evaluation.

The cumulative effects under the Endangered Species Act require consideration of future State 

and private activities—that do not necessarily involve Federal activities—that are reasonably 

certain to occur within the action area of the Federal action subject to consultation. These are 

considered in the analysis for the species and critical habitat. Therefore, analysis of the effects of 

this project does not occur in a vacuum but is considered during consultation with the Fish and 

Wildlife Service. Past actions or impacts to the species, its habitat, and critical habitat are 

considered during the establishment of the status of the species and its critical habitat. The 

analysis of effects related to the Rim Lakes Project considers the impacts upon the adjusted (if 

needed) status for the species and its critical habitat to determine if a jeopardy or adverse 

modification threshold has been surpassed. In consultation with the USFWS, this project was 

not considered to impose a take or jeopardy to the species. 

13. The 1996 amendment requires monitoring, which has not been done for the Rim Lakes 

project. There is likely unauthorized take and so this project cannot be implemented 

without consultation with the USFWS and appropriate monitoring. 

This group of comments asserts the Forest must implement monitoring consistent with the 

consultation results. Therefore, according to these comments, because the Forest Service has 

failed to monitor spotted owl populations, as required, there is no way to know how this 

amendment, as well as similar amendments to other Forests, will affect the species. 
Appendix D. Response to Comments on the DEIS 

284 FEIS for the Rim Lakes Forest Restoration Project 

The Apache-Sitgreaves Forest Plan requires MSO Monitoring that has occurred for the Rim 

Lakes Project area as documented in the BA (PR 427) and by the Rim Lakes Wildlife Biologist 

monitoring summary (Vaughn 2012, PR 554). 

As noted in the monitoring summary, future MSO inventory/survey of affected PACs or 

protected and restricted habitat will not be conducted until either a time of implementation is 

decided upon or the 5 years between survey efforts has passed, whichever comes first, which is 

consistent with the 2013 MOS MSO Monitoring Protocol by the US Fish and Wildlife Service 

(PR 563). 

14. Eliminating the MSO monitoring requirements in the Forest Plans without amending the 

Plans through the required process violates NFMA. 

The Forest Service completed re-initiation of consultation on the effects to listed species from the 

Apache-Sitgreaves National Forest Land and Resource Management Plan (Forest Plan) in 2012. 

The FWS issued a Biological/Conference Opinion (“BO”) for the Apache-Sitgreaves National 

Forest Land and Resource Management Plan on April 30, 2012 (PR 506). The BO complies with 

the requirements of the Endangered Species Act (“ESA”) and supersedes the 2005 BO for all 

Forest Plans of the Southwestern Region; just as the 2005 BO for the Forest Plans superseded the 

1996 BO for the Forest Plans. Non-discretionary, reasonable and prudent measures and their 

implementing terms and conditions are included in the 2012 BO. Compliance with the 2012 BO, 

as well as the consultation process itself, constitutes compliance with the ESA, 16 U.S.C., § 1536. 

The 2012 BO contains the regulatory elements necessary for the Forest Service to remain in 

compliance with the ESA §7(a)(2). This consultation will be in place until the Apache-Sitgreaves 

NFs completes a revised Forest Plan, at which time another consultation with the FWS will 

commence. The Rim Lakes Project DEIS describes how the proposal meets the 2012 terms and 

conditions (DEIS pages 102-105). 

In addition, the 1995 Mexican Spotted Owl Recovery Plan has been superseded by the 2012 

Revised Mexican Spotted Owl Recovery Plan (PR 541), including the strategy for population 

trend monitoring necessary to delist the species. Regardless, population trend monitoring is not a 

part of this project, is not project- or site specific, and therefore is a separate issue and cannot be 

addressed at this scale. 

The 2012 BO for the Apache- Sitgreaves National Forest Plan includes monitoring for incidental 

take. Regulations in 50 CFR §402.14(i)(3) states that in order for the federal agency to monitor 

the impacts of action, it must report the progress of the action and its impacts on the species to the 

Service (FWS) as specified in the Incidental Take Statement. This requirement does not include 

population trend monitoring as described in the 1995 MSO Recovery Plan, which was set forth to 

establish delisting criteria. 

The Forest Service has participated in the collaborative process involving population monitoring 

at the recovery unit level. A pilot study was funded by the Forest Service which concluded that 

the proposed population trend monitoring in the recovery plan was deemed impractical to 

implement. No further effort by the collaborative group or the Recovery Team has been proposed 

since. A new strategy, however, has been proposed in the Revised Mexican Spotted Owl 

Recovery Plan (FWS 2012) in which the Forest Service is actively collaborating with the FWS to 

implement range-wide monitoring to assist in determining if delisting criteria have been met. The 

scale of the Rim Lakes Project is outside the scope of these Forest Plan standards and guidelines 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 285 

for monitoring of range-wide population and habitat and as such is not applicable at the sitespecific level. 

Information gathered regarding gross changes in owl habitat continue to be tracked and reported 

to the USFWS in annual reports (PR 348, PR 398, PR 404, PR 469, PR 556). 

15. There needs to be consultation with the USFWS about the effects to the MSO as a result 

of the large fires that occurred during the last several years. 

A number of large wildfires occurred in the Southwestern Region in 2011 and 2012. These 

comments have identified six of those fires: Wallow, Horseshoe II, Murphy Complex, Las 

Conchas, Whitewater Baldy Complex, and the Little Bear. The Forest Service immediately 

initiated emergency, expedited consultation for these fires by contacting the appropriate FWS 

Ecological Services field offices at the time of the emergency. 

The Forest Service submitted Biological Assessments (BA) evaluating the response to, and the 

impacts of the Forest Service emergency response on affected species and their habitats, 

including documentation of how the Service’s (FWS) initial recommendations were implemented, 

for some of the above wildfires. 

Initiation of consultation for each of the emergency responses occurred on November 7, 2011, for 

the Wallow Fire, February, 2012, for the Las Conchas Fire, and September 18, 2012, for the Little 

Bear Fire. The BA for the Horseshoe II, Murphy Complex, and Whitewater Baldy Complex fires 

have not yet been completed and submitted to the FWS. With the exception of the Whitewater 

Baldy Complex Fire and the Little Bear fire, both of which occurred after the issuance of the 

2012 Forest Plan Biological Opinion, the impacts associated with the emergency responses were 

submitted to the FWS to incorporate into the status of the species during consultation for each of 

the affected Forest Plans of the Southwestern Region. The Forest Service has submitted 

information to the FWS on the nature of each of the wildfires, the justification for the expedited 

consultation (as displayed through FWS involvement during the actual emergencies), and the 

impacts to threatened and endangered species and their habitat (e.g., BAER and wildfire 

information reports). 

Emergency Section 7 consultation and conferencing for suppression and emergency restoration 

(BAER) activities was submitted to the US Fish and Wildlife Service for the Wallow Fire on 

November 7, 2011. The USFWS has subsequently requested an extension due to other priorities 

and the Forest does not have a timeline for completion. However, it’s important to recognize that 

the Forest has initiated Formal Consultation with the USFWS with BA’s addressing effects 

analysis for MSO and its critical habitat for both the Wallow Fire BAER (PR 466) and Wallow 

Fire suppression actions (PR 467). 

16. Old growth habitat is important habitat that provides different structure and function from 

younger forests. 

These comments assert that most of these old growth forests have been eliminated from the 

Southwest. The 1996 plan amendment defines old growth and requires assigning areas of oldgrowth for current and future use. In scoping comments, the Center for Biological Diversity 

stated that the analysis must disclose the spatial extent of old growth stands that meet Amended 

Forest Plan criteria. According to their comments on the DEIS, it lacks this information and fails 

to disclose where the existing old-growth lies and how this project would impact that old growth. 
Appendix D. Response to Comments on the DEIS 

286 FEIS for the Rim Lakes Forest Restoration Project 

As noted in the DEIS, the Rim Lakes project will focus primarily on retaining large trees (pages 

57-58). However, removal of some (approximately 11 percent) of large young trees greater than 

16 inches would occur in order to create the grass forb shrub interspaces necessary to restore 

spatial distribution and structure to pre-fire suppression conditions characteristic of these frequent 

fire forests which will be fire-resilient stands. Rim Lakes manages for increased old growth 

forests while producing more fire-resilient forest conditions. It also restores spatial distribution 

and structure characteristic of pre-fire suppression conditions. 

The project proposes to allocate above the forest plan requirements of 20 percent for ponderosa 

pine and mixed species within the project area. Old growth components would be managed to 

meet forest plan requirements for old growth characteristics. Table 22 of the DEIS page 59 

reflects the number of acres allocated for old growth managed in the project area, with 43 percent 

of mixed conifer and 27 percent of the Ponderosa pine vegetation type being allocated as oldgrowth. 

Stands proposed for thinning would develop towards old growth characteristics described in the 

forest plan over time (DEIS, page 59). As noted in the field trip on July 8, 2008 with the 

collaborative groups, the prescriptions would focus on leaving the largest trees in the project area 

(PR 338 and PR 339). 

As noted in the DEIS, seven percent of the project is currently allocated for old growth 

management. One of the purposes of the project and one of the actions proposed is to bring this 

allocated percent in line with the Forest Plan desired condition. 

The 1996 A-S Forest Plan states that allocations will consist of landscape percentages meeting old 

growth conditions and does not require specific areas. However, the Rim Lakes project went 

beyond that requirement to include specific stands and their allocations in the silviculture 

specialist report appendices because these have the greatest potential for meeting all of the 

characteristics eventually. Other areas would qualify as identified in figures 2 and 3 of the 

silviculture report as defacto areas within stands that were not counted as part of the percentage. 

These areas cannot be mapped but would be managed towards old growth conditions. 

Two forest types were identified in the Rim Lakes project as below the allocated amount, mixed 

species and ponderosa pine. The current condition of allocated old growth for the project is 

below forest plan percentages as reflected by table 22 in the DEIS. 

Old growth allocated for the Rim Lakes project may not immediately meet all structural attributes 

found in the forest plan. However, management of these areas would move them towards all 

structural attributes of old growth found in the forest plan. Maintaining the health and vigor of 

trees 18 inches and greater would be an emphasis in old-growth allocated areas, with these trees 

retained except for public safety, and protection of residual stand from insect and disease (DEIS 

page 24). 

17. The Forest should identify methods and information used to determine if the Rim Lakes 

Project will maintain viability of Management Indicator Species (MIS). 

A Report updating the Forest MIS was finalized in August, 2012 (PR 521). This Forest report was 

utilized to update the MIS analysis in the Rim Lakes Project. An addendum analyzed the updated 

forest-wide habitat and population trends and environmental consequences for the project 

following the Wallow Fire (Addendum to Wildlife and Rare Plants Specialist Report: 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 287 

Management Indicator Species, PR 520). These updates in the 2012 MIS addendum were 

incorporated into the DEIS (pages 132-167). The result of this analysis shows that the Rim Lakes 

Project does not change the trends, whether upward for most species, or downward trends for 

mule deer or macroinvertabrates (DEIS page 133). 

18. Actions in the alternatives that reduce crown bulk density will affect sensitive wildlife 

associated with closed canopy and so must consult with the US Fish and Wildlife Service 

to meet requirements of the Endangered Species Act (ESA). 

According to these comments, the Forest must consult with the USFWS to assure the actions do 

not jeopardize species per the ESA, particularly by removing MSO PCE, by removing large trees 

from Allen's bat habitat and red squirrel habitat. The ESA applies to the threatened Mexican 

spotted owl but not the other two species mentioned in the comments. 

Analysis of effects for these species is documented in the DEIS. Project design criteria have been 

incorporated to assure maintenance of desired canopy cover within mid-to-old tree groups (VSS 

4, 5, 6) during implementation that meets wildlife habitat needs. 

For sensitive species, such as goshawk, effects analysis are found in the DEIS and show the 

preferred alternative would meet the northern goshawk recommendations and would move the 

habitat towards desired conditions (DEIS, pages 115-128). 

Additionally, treatment activities within many of the areas (old growth, MSO protected, and 

northern goshawk habitat with slopes greater than 40 percent) will have minimal change in 

canopy, only understory effects (DEIS, pages 98, 115-116, 162). 

Allen’s lappet-browed bat is a sensitive species, with effects summarized in the DEIS (pages 108 

and 129) from Wildlife Specialists Report (PR 441, pages 34, 86-88); cumulative effects were 

analyzed (pages 145-146). This analysis included effects snag habitats. Mitigation measures for 

snags appear on Appendix B of the DEIS, page 267. Existing snags are to be protected outside of 

landing areas. Recruitment of snags above the forest plan standards would occur as marking is 

completed to plan and retain 18 inch and larger trees for future snags. 

For red squirrel, there are no specific Forest Plan guidelines because this species is a Management 

Indicator Species (MIS). Approximately 8,127 acres representative of red squirrel habitat occur 

within the project area (DEIS Tables 69, page 133 and Table 70, page 135). This is also described 

in the Wildlife MIS addendum (PR 510, pages 17-20). The treatment in red squirrel habitats 

would be included within MSO Protected and Restricted habitats (not Northern goshawk 

treatments) that provides for existing or future mature mixed conifer forest structure that benefits 

red squirrel (DEIS page 162). Neither alternative B nor alternative C would alter red squirrel 

“Declining” Forest-wide habitat trend and its “Stable to Declining” Forest-wide population trend. 
Appendix D. Response to Comments on the DEIS 

288 FEIS for the Rim Lakes Forest Restoration Project 

Section 3: Detailed Responses to individual comments 

Commenter Number Response 

Hopi Tribe 

(HT) 2 

The Apache-Sitgreaves National Forests recognize Hopi’s claim of cultural 

affiliation to the prehistoric archaeological sites of their ancestors. No 

additional comments were provided by the Tribe. 

HT 3 Copies of the cultural resource survey reports for the Rim Lakes Project 

proposed action have been provided to the Hopi Cultural Preservation office. 

HT 4 The site record was provided to the Hopi Cultural Preservation Office. 

HT 5 No Response needed. 

White 

Mountain 

Apache 

(WMAT) 

6-7 

The ASNF will follow the conditions of the cultural resource clearance 

2007-01-016B. These conditions include the stipulation that mechanized 

treatment activities will avoid archaeological sites; and if additional sites are 

discovered all work in that location will cease until it is determined that the 

activity will not adversely affect historic properties (per 36 CFR 800). 

Project activities will be conducted in compliance with the Region 3 

Programmatic Agreement regarding Historic Property Protection (OR 190) 

and Responsibilities and the Native American Graves Protection and 

Repatriation Act (NAGPRA). The DEIS Appendix B includes mitigation 

measure to protect cultural resources (pages 255-257). Based on this 

consultation, no follow up is necessary, no studies are necessary. Clearance 

documents are found in the project record (PR 272 and PR 371). 

Consultation with the tribes occurred through correspondence, including a 

letter from Supervisor Zornes to Tribes (PR 513), follwed by a response 

from White Mt. Apache Tribe (PR 514) and the Hopi Tribe (PR 515). 

Arizona Dept. 

of 

Environmental 

Quality 

(ADEQ) 

8 

No Response needed. 

ADEQ 9 

Temporary roads prescribed with this project are deemed part of silvicultural 

activities and are to be closed and returned to a productive condition upon 

completion of the project as described within the project’s Best Management 

Practices (BMPs). 

A clarifying email from the ADEQ said the following: “Thank you for the 

call concerning ADEQ’s comments submitted on the Rim Lakes Forest 

Restoration Project. Upon further research, we agree that the proposed 

construction of the temporary roads should be categorized as “non-point 

source” according to 40 CFR § 122.27(b). As such, the proposed activities 

of uneven-aged selective cutting of trees, and construction of temporary 

roads would not be subject to Arizona’s Clean Water Act AZPDES permit 

requirements.” (PR 557). 

ADEQ 10 

The Rim Lakes project has no dredge or fill project activities identified that 

require the need for a CWA section 404 permit. If the need arises due to 

changed project conditions, a 404 and subsequent 401 will be prepared and 

submitted to the Army Corps of Engineers and ADEQ before the specific 

activity is allowed to proceed. 

ADEQ 11 Bear Canyon Lake is listed in the latest 2010 303(d) list. However no water 

quality standards were identified as being exceeded by ADEQ. 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 289 

Commenter Number Response 

Consequently, more monitoring is recommended. The listing was due to an 

EPA over-file due to low pH measured in 2005. Based on analysis, with 

Site specific BMPs in place for silvicultural activities associated with the 

Rim Lakes project, there is limited adverse effect to the water quality from 

project activities. (Watershed report PR 452 page 21; DEIS pages 201, 205, 

207 and DEIS Appendix B pages 259-265). 

These BMPs will be implemented and monitored for effectiveness as 

required in our intergovernmental Memorandum of Understanding between 

the State of Arizona and Southwest Region, Forest Service. Corrective 

actions will occur if monitoring demonstrates need. There are no identified 

need for permits 

Wild Earth 

Guardians 

(WEG) 

12 

See responses to comments 13 through 43 below. 

WEG 13, 14, 15, 

16, 17 

The project initiation letter (PR 227) dated September 16, 2005 states that 

the project may be analyzed using the authorities of the Healthy Forest 

Restoration Act, based on proximity to a community covered by a 

Community Wildfire Protection Plan (PR 200), and the existence of 

Mexican Spotted Owl habitat for which the project could provide enhanced 

protection from catastrophic wildland fire. 

A proposed action was sent out to the public on December 19, 2007 (PR 

285) inviting interested parties to an open house and field trip for the 

project, which was being proposed under the Healthy Forest Restoration Act 

(HFRA). The letter and attached project description noted the area as Fire 

Regime Condition Class 3, at risk communities, and the presence of T&E 

habitat. The condition class determination is also documented in the Fuels 

Specialist Report (PR 443 page 9). The DEIS continues to describe the 

purpose of this project in terms of HFRA purposes (DEIS pages 1-2) The 

DEIS identifies 4 Mexican spotted owl (MSO) protected activity centers 

(PACs) within or overlapping the project area and 14 PACs that adjoin the 

area that are at risk of stand replacing wildfire. The DEIS also identifies 

11,276 acres (page 42) of Mexican spotted owl habitat at risk to stand 

replacing fire within the project area. According to HFRA (PR 191) it is 

appropriate to protect threatened and endangered species and/or their habitat. 

The proposed project would provide enhanced protection from wildfire for 

Threatened Mexican spotted owl, as well as habitats thus qualifying as an 

“authorized” and “covered project under HFRA (p 13). The DEIS (page 66) 

table 25 displays that the proposed actions would decrease passive and 

active crown fire in all MSO habitat. Maps on pages 68 and 69 of the DEIS 

display the reduction in wildfire potential for the action alternatives. In May 

2004, the "Apache, Coconino and Navajo Counties Community Wildfire 

Protection Plan for At-Risk communities of the Sitgreaves National Forest 

(CWPP) was finalized (PR 200). This plan includes the community of 

Forest Lakes which adjoins and overlaps the project area and is identified as 

a community at risk. The Fuels Specialist report reinforces this purpose and 

need for this project to meet direction in the CWPP (PR 443 page 5). 

WEG 18 

As described in response to comment14, the CWPP was developed with 

public involvement. It was used to develop this project in 2005-2007. 

In May 2004, the Community Wildfire Protection plan for At-Risk 

Communities of the Sitgreaves National Forest in Apache, Coconino, and 

Navajo Counties (PR 200). This plan includes the community of Forest 

Lakes which adjoins and overlaps the project area and is identified as an at 
Appendix D. Response to Comments on the DEIS 

290 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

risk community. 

This CWPP was a collaborative effort of the Apache, Navajo, and Coconino 

Counties, Towns of Pinetop-Lakeside, and Show Low, Pinetop, Lakeside, 

Show Low, Linden, Clay Springs-Pinedale, Heber-Overgaard, Forest Lakes 

Fire districts, White Mountain Apache Tribe, Arizona State Land 

Department, Arizona Game & Fish, Bureau of Indian Affairs, Fort Apache 

Agency, and the Apache-Sitgreaves National Forests. Public collaboration 

on specifics of the project began in December 2007. A proposed action and 

invitation to the public was sent out on December 19, 2007 (PR 285). An 

open house was advertised in the Mogollon Connection (PR 300), White 

Mountain Independent (PR 303), and the Pioneer Newspaper (PR 301). The 

open house was held on January 26, 2008 with maps and treatment 

descriptions for the public (PR 305, 306, 307, 308). 

WEG 19 

See response to comment 18 and 21. FRCC 3 indicates at risk for threatened 

and endangered and sensitive species habitat, watershed, and community 

due to high risk of severe crown fire. 

The project initiation letter dated September 16, 2005 (PR 227) states that 

“the project may be analyzed using the authorities of the Healthy Forest 

Restoration Act, based on proximity to a community covered by a 

Community Wildfire Protection Plan, and the existence of Mexican Spotted 

Owl habitat and sensitive species for which the project could provide 

enhanced protection from uncharacteristically severe wildland fire.” A 

proposed action was sent out to the public on December 19, 2007 (PR 285) 

inviting interested parties to an open house and field trip for the project 

which was being proposed under the HFRA. The letter and attached project 

description describes the area as Fire Regime Condition Class 3, at risk 

communities, and the presence of T&E habitat. The DEIS identifies 4 MSO 

PACS within or overlapping the project area and 14 PACs that adjoin the 

area that are at risk of stand replacing wildfire. The DEIS also identifies 

11,276 acres (page 42) of Mexican spotted owl habitat at risk to stand 

replacing fire within the project area. The proposed project would provide 

enhanced protection from wildfire for T & E species and their habitat thus 

qualifying as an “authorized” and “covered project under HFRA (p13). The 

DEIS (page 66) table 25 displays that the proposed actions would decrease 

passive and active crown fire in all MSO habitat. Maps on pages 68 and 69 

of the DEIS display the reduction in wildfire potential for the action 

alternatives. In May 2004, the Community Wildfire Protection plan for AtRisk Communities of the Sitgreaves National Forest in Apache, Coconino, 

and Navajo Counties (PR 200). This plan includes the community of Forest 

Lakes which adjoins and overlaps the project area and is identified as an atrisk community 

WEG 20 

The DEIS displays the current FRCC under alternative A as FRCC 3. Table 

27 (page 72-73) in the DEIS, including the graph, displays the FRCC for the 

current condition of the area and the percentages that would result from the 

proposed treatments. 

As noted in the Fuels Specialist Report (PR 443 page 9) the use of FRCC 

was determined to be a valid method to measure the changes between no 

action and the action alternatives. As defined in the 2010 Guide to Fire 

Regime Condition Class (RMRS GTR 292), FRCC provides assessment at 

both the Landscape and stand scales (PR 403, page 2). FRCC is also used at 

the National scale, but is appropriately used as a landscape tool in the Rim 

Lakes analysis. Field sampled stand data in conjunction with field verified 

remotely sensed data was used to analyze FRCC at this finer scale, which 

addresses the concern the comments raised using the Schmidt et al. 2002 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 291 

Commenter Number Response 

citation. 

WEG 21 

As noted in response to comments above, the use of HFRA was first 

identified in the project initiation letter (PR 227), the scoping letter (PR 285) 

and in relevant specialist reports, such as the Fuels Report (PR 443 page 5). 

The DEIS summarized this analysis (pages 1-2) in describing the purpose 

and need (page 3) and in relation to fire hazard (page 9) Using the criteria 

listed in Comment 14 Rim Lakes fall under 3 of the 4 criteria. (I) WUI, (II) 

FRCC 3 across municipal watersheds and (IV) Threatened and Endangered 

habitat at risk of undesirable fire effects. 

WEG 22 

The Community Wildfire Protection Plan for At-Risk Communities of the 

Sitgreaves National Forest in Apache, Coconino, and Navajo Counties was 

developed and finalized in 2004 (PR 200). This was used to support the 

project at the project initiation letter (PR 227) and scoping (PR 285) This 

report is available online as it is used as an example for CWPP development. 

The Rim Lakes EIS area is larger than the area analyzed for CWPP, but also 

the WUI aspect of the project is not the primary need for the project. 

Protection of habitat for a threatened species is an emphasis, as well as 

restoring resilience and sustainability of the forest ecosystem. 

WEG 23 see 18 and 19 

WEG 24 

The public was involved in development of the CWPP (PR 200), and 

reference to this plan was included in the 2007 project scoping letter 

(PR285), serving as one reason to support the purpose and need. See 

comment 18. 

WEG 25 See comment 18 and 24. 

WEG 26 See comment 18 and 24. 

WEG 27 

The Heatlthy Forest Restoration Act (HFRA) (PR 191) was passed into law 

to deal with Hazardous Fuel Reduction on Federal Land. It was largely 

based on collaboration with local communities through the development of 

Community Wildfire Protection Plans. It provides for the identification and 

prioritization of areas for hazardous fuel reduction treatments that will 

protect at-risk communities and essential infrastructure. 

HFRA does not limit tree removal to only small trees as claimed by Wild 

Earth Guardians. HFRA does include direction for old growth and large tree 

retention as stated below. 

Section 102 e (2) provides Old Growth Stands project requirements. In 

carrying out a covered project, the Secretary shall fully maintain, or 

contribute toward restoration of, the structure and composition of old growth 

stand according to the pre-fire suppression old growth conditions 

characteristic of the forest type, taking into account the contribution of the 

stand to landscape fire adaptation and watershed health, and retaining the 

large trees contributing to old growth structure. 

The Rim Lakes propose action will not remove existing old growth stand 

structure. Some (very few) diseased old trees may be removed for health 

and safety or ecological reasons related to protection of younger age classes. 

Existing old growth groups of trees will be retained. In fact, treatment 

described in Alternative B will result in an acceleration of growth of large 

young trees, creating larger trees more quickly than the other alternatives 

and restore the structure and composition toward pre-fire suppression old 
Appendix D. Response to Comments on the DEIS 

292 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

growth in the project area. The primary focus of this project is to restore 

ecosystem resiliency by and restoring the uneven-aged forest structure and 

species composition toward pre-fire suppression old growth forest 

characteristics in the project area. 

The project proposes to allocate above the forest plan requirements of 20% 

old growth for ponderosa pine and mixed species within the project area. 

Old growth components would be managed to meet forest plan requirements 

for old growth characteristics. Table 22 of the DEIS page 59 reflects the 

number of acres allocated for old growth managed in the project area. 

Stands proposed for thinning would develop towards old growth 

characteristics described in the forest plan over time (DEIS, page 59). As 

noted in the field trip on July 8, 2008 with the collaborative groups, the 

prescriptions would focus on leaving the largest trees in the project area (PR 

338 and PR 339). 

WEG 28 

Section 102. (f) of HFRA provides for large tree retention so that (A) 

projects focus largely on small diameter trees, thinning, strategic fuel breaks 

and prescribed fire to modify fire behavior, as measured by the projected 

reduction of uncharacteristically severe wildfire effects for the forest type 

and (B) maximizes the retention of large trees as appropriate for the forest 

type, to the extent that the trees promote fire-resilient stands. 

As noted in the DEIS and silviculture report (PR 449 and PR 553), the Rim 

Lakes Project will focus primarily on retaining large trees. However, 

removal of some (approximately 11%) of large young trees > 16 inches 

would occur in order to create the grass forb shrub interspaces necessary to 

restore spatial distribution and structure to pre-fire suppression conditions 

characteristic of these frequent fire forests which will be fire-resilient stands. 

Rim Lakes appropriately manages for increased old growth forests while 

producing more fire-resilient forest conditions. It also restores spatial 

distribution and structure characteristic of pre-fire suppression conditions. 

The current forest structure relative to the 1911 forest structure for northern 

Arizona. has also been analyzed using FIA (Forest Inventory and Analysis) 

data (PR 562). 

Based on this comparison, there is an average of 6.51 more trees per acre > 

16” dbh than in 1911. Overall stand average tree size has declined relative to 

1911, but this average reflects the geometric increase in the number of small 

diameter trees per acre, and not significant changes in the per acre number of 

trees > 16” dbh. 

There are currently more trees per acre larger than 16” dbh on the ApacheSitgreaves NFs than were measured in northern AZ in 1911. The very 

largest trees (greater than 26” dbh) were not very numerous historically, 

representing only one tree per every 2-4 acres in 1911. 

The Rim Lakes Project is consistent with the Health Forest Restoration Act, 

because it focuses on restoration of characteristic forest structure and 

processes. As noted in. HFRA Section 102(f)(2) nothing in subsection 

102(f)(1) requiring large tree retention should be interpreted in a manner that 

“prevents achievement of the purposes” of HFRA to reduce wildland fire 

risk. This is confirmed in FS guidance, “The Healthy Forests Initiative and 

Forests Restoration Act, Interim Field Guide,” page 29 which states, “the 

large tree retention requirements of Section 102(f) must not prevent agencies 

from reducing wildland fire risk to communities, municipal water supplies, 

and at risk Federal land.” (PR 197) 

As presented in the Silviculture Specialist Report (PR 449 and PR 553), the 

size class of 9-16 DBH trees represents the predominant size class on the 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 293 

Commenter Number Response 

landscape and some level of treatment of this size class is necessary to 

achieve wildland fire objectives. This can still be done while retaining large 

trees. 

WEG 29 

The analysis of the number of trees greater than 16 inches diameter is in the 

record (DEIS p 57-58, Silv Report PR 449 and 553). See also response to 

comment 28. Trees greater than 9” dbh represent the predominant size class 

and comprise the greater number of trees per acre. No effective treatments 

could be considered without treating trees of these sizes. 

WEG 30 

The “New Goshawk Guidelines – USDA 2007” reference was not used for 

analysis, standards, or guidelines (PR 270). Those implementation 

guidelines were never adopted by the Forest, nor the Region, and have not 

been used by this or any other project. 

The analysis in the DEIS considers the effects of the treatments using the 

1996 Forest Plan amendment (DEIS pages 46, 100, 171, 192, 209, 218, 

230). 

WEG 31 

The Forest Service completed re-initiation of consultation on the effects to 

listed species from the Apache-Sitgreaves National Forest Land and 

Resource Management Plan (Forest Plan) in 2012. The Biological 

Assessment was submitted to the FWS for the Forest Plan in 2011 . The 

FWS issued a Biological/Conference Opinion (“BO”) for the ApacheSitgreaves National Forest Land and Resource Management Plan on April 

30, 2012. (PR 506). The BO complies with the requirements of the 

Endangered Species Act (“ESA”) and supersedes the 2005 BO for all Forest 

Plans of the Southwestern Region; just as the 2005 BO for the Forest Plans 

superseded the 1996 BO for the Forest Plans.(PR 506 pages 2-4) Nondiscretionary, reasonable and prudent measures and their implementing 

terms and conditions are included in the 2012 BO. Compliance with the 

2012 BO, as well as the consultation process itself, constitutes compliance 

with the ESA, 16 U.S.C., § 1536. Therefore, only the 2012 BO contains the 

regulatory elements necessary for the Forest Service to remain in 

compliance with the ESA §7(a)(2). 

The outdated and superseded 2005 BO cited in the comments is no longer a 

factor when determining compliance with the ESA. The comment references 

a Regional Report. The Apache-Sitgreaves LRMP requires site-specific 

assessment for MSO Monitoring that was completed and has occurred for 

the Rim Lakes Project area as documented in the BA (PR 437 and PR 438) 

and by the Rim Lakes Wildlife Biologist monitoring summary (Vaughn 

2012, PR 554 and PR 555). 

As noted in the monitoring summary, (PR 555) Future MSO 

inventory/survey of affected PACs or protected and restricted habitat will 

not be conducted until either a time of implementation is decided upon or 

the 5 years between survey efforts has passed, whichever comes first. The 

US Fish and Wildlife Service has updated protocols (PR 474), which have 

been adapted and applied to the Rim Lakes Project in 2013 (PR 563). 

WEG 32 

The April 30, 2012 BO (PR 506) addresses the USFS’s continued 

implementation of the Land and Resource Management Plan (LRMP) and 

its effects to the 11 federally-listed species located on the Apache-Sitgreaves 

NFs and eight designated and proposed critical habitats (CH). This 

consultation will be in place until the Apache-Sitgreaves NFs completes a 

revised Forest Plan, at which time reconsultation with the FWS will 

commence. The Forest is in compliance with the requirements of § 7(a)(2) 

of the ESA and the current regulatory document in effect is the 2012 BO for 
Appendix D. Response to Comments on the DEIS 

294 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

the Forest Plan. The 2005 LRMP BO (PR 223) has been superseded by the 

2012 BO. Wild Earth Guardians does not identify any ongoing action which 

allegedly violates the ESA. 

WEG 33 

See response to comments 31 and 32. Compliance with the 2012 BO, as well 

as the consultation process itself, constitutes compliance with the ESA, 16 

U.S.C., § 1536. Therefore, only the 2012 BO contains the regulatory 

elements necessary for the Forest Service to remain in compliance with the 

ESA §7(a)(2). 

The 2012 BO for the Apache- Sitgreaves National Forest Plan includes 

monitoring for incidental take. Regulations in 50 CFR §402.14(i)(3) states 

that in order for the federal agency to monitor the impacts of action, it must 

report the progress of the action and its impacts on the species to the Service 

(FWS) as specified in the Incidental Take Statement. This requirement does 

not include population trend monitoring as described in the 1995 MSO 

Recovery Plan which was set forth to establish delisting criteria 

Monitoring and reporting in the context of ESA §7(a)(2) consultation is to 

assess compliance with the Incidental Take Statement as the project is 

implemented. On page 105 of the 1995 MSO Recovery Plan (PR 104), the 

Recovery Team states the “philosophy of our proposed monitoring scheme 

is to measure the critical variables – changes in owl numbers and changes in 

habitat – needed for delisting the species.” This type of monitoring is not 

necessary to report the progress of implementing a proposed action on a 

species for the purposes of tracking take identified in the Incidental Take 

Statement. The Forest Service will continue to report impacts to the FWS as 

projects are implemented consistent with the Forest Plan. This ensures that 

the continued implementation of the Forest Plan is not likely to jeopardize 

the continued existence of the MSO and all other species on the ApacheSitgreaves National Forest. 

In addition, the 1995 Mexican Spotted Owl Recovery Plan has been 

superseded by the 2012 Revised Mexican Spotted Owl Recovery Plan (PR 

541), including the strategy for population trend monitoring necessary to 

delist the species. Regardless, population trend monitoring is not a part of 

the Rim Lakes Project, nor is it project- or site specific, and therefore is a 

separate issue cannot be addressed at project-level scale. 

WEG 34 

Both action alternatives include areas being treated with prescribed fire only 

(about 9,300 acres). These areas were chosen to be treated with prescribed 

fire only due to there being low risk of fire escape associated with fuel 

loadings, high probability of meeting the purpose and need for this project 

with fire only, and/or having resource considerations that restricted 

mechanical treatment. As mentioned in a similar comment from the Center 

for Biological Diversity, prescribed fire treatments of pine stands with high 

surface fuel loading also can produce high fireline intensities and result in 

large tree mortality due to cambial injury by heat. Therefore, some areas 

have been identified to be mechanically treated prior to burning. These areas 

have been identified as having a low probability of meeting purpose and 

need, higher probability for fire escape, and un-intended ecological 

consequences if treating with prescribed fire alone. The risk of damages 

from prescribed fire are less controllable in these areas than the risk of 

damages from mechanical treatments (which are low due to BMPs found the 

DEIS, Appendix B) 

WEG 35 Fire records for the past 40 years indicate that the area averages 23 fire starts 

a year during the months of June and July. These two months historically 

include very dry, warm and windy conditions. Suppression efforts alone 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 295 

Commenter Number Response 

have kept these fires small. During these type of weather conditions, fire 

effects are expected to be damaging to watersheds, recreational values, 

wildlife habitat, and other human and ecosystem values, as can be seen by 

the high amount of expected passive and active crown fire (67% of the area). 

This indicates a high probability of fire starts in the area, high hazard (crown 

fire), and therefore a high risk to values as documented in the DEIS and each 

respective specialist report. 

WEG 36 

Rhodes and Baker 2008 (PR 293) define an analytical model that would 

provide little information for the Rim Lakes area. Data from fire history 

records shows that the Rim Lakes area averages (over the past 40 years 

during June and July) 23 fires a year. June and July represent the highest 

risk for sever fire weather conditions. Suppression efforts alone have kept 

these starts from growing into large fires. 

WEG 37 

Rhodes 2007 (PR 268 and PR 269) is less useful in the context of this 

project than Allen et al. 2002 (PR 161) because treatments that reduce the 

watershed impacts from severe fire outweigh treatment implementation 

impacts and damage. Analysis of the potential fire if no action is taken 

indicates that should one of these fires escape early suppression efforts, 67 

percent of the Rim Lakes area would potentially burn with moderate to high 

severity. Stephens et al. 2012 (PR 509) conclude that fuel reduction 

objectives are accomplished with little unintended consequences. 

Vegetation, soils, wildlife, bark beetles and carbon sequestration exhibit 

subtle effects or none at all. As described in the EIS maintenance burning 

would be of low severity within timeframes that don’t allow for high fuel 

loads to accumulate. This would mitigate effects. The project purpose and 

need is to restore forest ecosystem resilience and sustainability for the 

benefit of multiple resources, not just hazardous fuels reduction. At the same 

time, the fuels reduction and changes to fire behavior effects are not the lone 

basis for project justification. 

The Forest analyzed the cumulative effects of all known past, present and 

future prescribed and known treatments, including disposal of slash. 

Maintenance burns initiated by the FS beyond the scope of this project’s 

analysis are not included. New project analysis would be necessary to 

determine direct and cumulative effects of the Forest’s burning treatments 

beyond those described in the DEIS. Future unknown projects that may fall 

within the Rim Lakes project watersheds would also initiate new analysis to 

determine cumulative effects, of which the effects of Rim Lakes treatments 

would be considered. 

WEG 38 

The restoration objectives are to move treated areas toward healthier forest 

conditions by restoring vigorous growth conditions and reducing losses due 

to tree mortality, high-severity wildfire, and insects and diseases. The 

objective of the project is to increase forest health and vigor, improve forest 

resiliency and sustainability to stresses such as climate change (DEIS p 48). 

Fuel treatments have been documented to make a difference in large fires. 

See Wallow Fire review conducted in 201 (PR 448) and more recently by 

Jim Youtz, Regional Silviculturist (PR 560). 

The comment states that weather has been the driver for uncharacteristic 

fires in the southwest, not fuel. This statement has not been offered with 

any supporting evidence or studies, and does not comport with current 

understanding, which is that fire intensity is greatly influenced by fuel 

availability. Recent events show that areas burn under extreme weather 

conditions (Miller fire on the Gila in 2011) with little overstory mortality in 

forests reminiscent of desired conditions. See the response to comment 40, 
Appendix D. Response to Comments on the DEIS 

296 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

below. Observations of the treatments in the Eagar South Project showed 

that they were effective in limiting damage during the Wallow Fire (PR 

560). 

WEG 39 

This Act is intended to influence Department-level decision-making. No 

direction exists to apply this Act at the project level. This section of the Act 

set up the “infrastructure” for considering the concepts of Climate Change in 

the USDA, and was not applied to project-level implementation. 

The USDA Climate Change office was started as a result of this piece of 

legislation, but this Act has not been interpreted to mean this office should 

be involved directly at the field level. It was intended to be a programmatic 

office helping to outline Departmental programs and policies. 

WEG 40 

Several areas of research provide information about climate change in the 

context of competing objectives, including Stephens et al. 2012 (PR 509). 

Also, Hurteau (2008) (PR 292) and North and Hurteau 2011 (PR 415) 

provide discussions of forest restoration effects on carbon storage/release. 

This latter paper thoroughly examines the carbon effects of forest restoration 

treatments vs. no treatment in southwest ponderosa pine forests. 

WEG 41 

Cumulative watershed effects were considered in the DEIS, including past, 

current and reasonably foreseeable actions (DEIS page 206-208). These 

take into account effects on nearby lands, such as a subdivision occurring, 

on the east side of the project area, as well as activities on the Tonto 

National Forest within the affected watersheds. They were considered on a 

watershed basis (pages 206 to 208 of the DEIS), following an established 

method documented in the Watershed Specialist Report (PR 453). 

WEG 42 

Cumulative watershed effects were considered for each resource area in the 

analysis. DEIS pages 37, 39-41, 61, 62, 75, 97, 100, 126, 160, 167, 174, 

175, 176, 177, 178, 180, 182-184, 190, 191, 206-207, 217, 218, 223, 224, 

229, 230, 236). Specific wildlife related pages include but are not limited to 

pages 75-76, 97, 100-101, and 167. The condition of the project area is 

described in the DEIS, page 39-40 in relation to past timber practices 

WEG 43 

A specific alternative was not suggested for this comment. Without specific 

recommendations for actions to achieve the purpose and need for the project, 

it is not clear how an alternative might proceed without some forest plan 

amendment, as proposed in either action alternative. The action alternatives 

proposed meet the requirements of HFRA. 

A project-specific amendment is necessary to achieve the purpose and need 

because current forest plans do not specifically describe the grass, forb, 

shrub interspaces that are characteristic of resilient natural forest conditions. 

Only 2.5 miles of temporary roads will be developed to implement this 

project, and these roads will be restored following use. This limited mileage 

is not significant to warrant development of a new project alternative. 

WEG 171 

The record documents the Long Tom Allotment accounts for approximately 

34 percent of the Rim Lakes Project Area. It is grazed by sheep for 

approximately six months of the year. Sheep grazing is monitored for 

utilization and pastures are rested and rotated for recovery. The Limestone 

Allotment accounts for approximately 3 percent of the project area but has 

not been grazed by cattle for the past 15 years and grazing is not anticipated 

within the near future. There is no authorized grazing on the remaining 63 

percent of the project area. (DEIS pages 60-61, 75) 

Since this project has no direct or indirect effects from grazing, grazing was 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 297 

Commenter Number Response 

considered and determined to have no cumulative effect on forest health and 

structure. The DEIS also considered the cumulative effects of grazing to 

wildlife (pages 43-44, 68, 83, 123, 155,157, 165, 178, 179, 181, 182, 191, 

212, 222, 241, 245, 250, 253). Mitigation measures in Appendix B (page 

262) provides for coordination on range use, including deferment after 

burning, to reduce impacts. 

The combined effect of ongoing projects and foreseeable projects along, 

above, and below the Mogollon Rim for restoration and fuel reduction 

provide for a mosaic of stand conditions, allowing for wildlife habitat and 

vegetative diversity. This same mosaic would allow for a diversity of fire 

effects, thereby increasing opportunities for the maintenance of forest 

structure and function using wildfire and prescribed fire in the long-term 

future (DEIS page 76). 

Ecological 

Restoration 

Institute (ERI) 

44, 45, 46 

No response needed. 

ERI 47 

The analysis used diameter as a metric and did not focus on age of trees. 

The team did not collect or analyze age-class distribution information for 

this project because size provides a more practical measure of habitat and 

fire behavior. 

A table that shows the correlation between the age and VSS (size) is 

provided in the record as part of this response (PR 561), 

ERI 48 

Although the language of the DEIS may not align precisely with the 

Southwest Regions Desired Condition descriptions, the analysis in the DEIS 

was dependent on the desired condition as a purpose for the project. The 

term “gap” as defined by the Dictionary of Forestry is appropriately used 

throughout this analysis. Using consistent terminology to describe forest 

restoration concepts is a worthwhile goal that will be pursued in future 

project development and implementation. 

The 20% allocated for development/maintenance of forest interspaces, and 

the 20% allocated towards recruitment/development of forest regeneration 

areas apply equally to both ponderosa pine and dry mixed conifer forests 

within this project (except for MSO protected and threshold habitat areas). 

This project is situated on a very wet, productive location relative to most 

ponderosa pine and mixed conifer forests in Arizona. Additionally the 

parent soil materials are sedimentary in origin. All of these local site factors 

have resulted in forest conditions that are naturally somewhat more closed 

than other forests in drier settings with basalt parent material soils. 

Development of larger forest interspaces would result in excessive 

establishment of tree regeneration within a short time span, reducing the 

longevity and effectiveness of this project. Based on these considerations, 

the interdisciplinary team selected a total of 40% forest openings 

(interspaces and regeneration) to minimize the maintenance concerns that 

would result from excessive regeneration. 

ERI 49 

There is a requirement established in the Mexican spotted owl recovery 

plan/1996 Forest Plan amendment to use SDI as the basis for analysis. Both 

the silviculture report and appendix D of silviculture report discuss stand 

density. SDI is an established forest density metric that has long been used 

in the forestry profession. It is used for this project analysis as a simple 

measure of density, and SDI density thresholds are clearly defined for the 

reader in the specialist report and appendices (PR 553, Silviculture Report, 
Appendix D. Response to Comments on the DEIS 

298 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

Table 3). SDI is simply a methodology for quantification of existing 

conditions and post-treatment conditions by alternative. It is considered to 

be the best measure for relating density to forest vegetation dynamics. 

Relevant SDI literature has been cited to establish the basis for the density 

thresholds used in this analysis. 

The DEIS compares the SDI for MSO existing conditions and desired 

conditions of mixed conifer and pine-oak habitats form the Forest Plan/MSO 

Recovery Plan (DEIS, pages 87-88). 

During development of the environmental assessment for this project, 

informal consultation was initiated with a Biological Assessment that was 

developed and provided to the USFWS, which concurred with the 

determinations on federally listed species and their critical habitats 

(Terrestrial Species Biological Assessment (PR 437 and PR 438). A 

concurrence letter from the USFWS was received (PR 444), followed in 

2012 by a confirmation email indicating that the project is still consistent 

with direction (PR 511). 

ERI 50 

Tables 11 through 14 in the DEIS reflect the bark beetle susceptibility based 

on basal area. Alternatives B and C have a low beetle hazard due to the 

decrease in basal area. 

Details and analysis can be found on page 19 of the 2012 silviculture report 

(PR 553) and dwarf mistletoe in appendix C of the silviculture report (PR 

552). Mistletoe severity is based on the number of trees infected in a stand. 

The stand rating is reduced as the number of trees with dwarf mistletoe are 

removed. Prescription examples on Appendix A of the DEIS (page 252) 

display how those trees may be removed through the implementation of the 

prescription. Favoring of southwestern white pine and where possible 

providing for a mix of species would aid in reducing dwarf mistletoe spread 

within a stand. 

The project proposes to manage dwarf mistletoe distribution and severity 

such that it is present in naturally characteristic distribution and severity 

levels. The current conditions exceed natural distribution patterns and 

severity, thereby jeopardizing resilience and sustainability of uneven-aged 

forest conditions. Dwarf mistletoe objectives do not include eradication, 

only managed towards more natural conditions. 

On page 21, Appendix B, of the ROD for the 1996 Amendment of Forest 

Plans Arizona and New Mexico, there is a requirement to manage to 

decrease dwarf mistletoe (PR 115). The silviculturist worked with forest 

pathologists to design project treatments to manage dwarf mistletoe (PR 449 

and PR 553). This project is consistent with the forest plan regarding 

mistletoe management. 

A variety of wildlife species that occur within the project area benefit from 

dwarf mistletoe by both structure and food sources. Witches broom often 

provides a platform for nesting/resting cover for both birds and squirrels, 

and is a key habitat component that is identified for retention. Mistletoe 

berries are widely known as a food source for a variety of non-insectivorous 

avian species and mammals (squirrels and ungulates) that are known to 

occur in the project area. Northern goshawk is the only sensitive species 

that are believed to use mistletoe directly for a nesting platform along with 

its prey base using mistletoe for cover and food source. Mechanical 

treatments will focus management on severe infections of dwarf mistletoe 

(DEIS, page 116; Appendix A, page 248). Dwarf mistletoe is currently 

present above natural levels and will be managed towards natural variation 

over time with treatments while still providing habitat and food sources for 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 299 

Commenter Number Response 

wide range of wildlife species. 

The project proposes to manage dwarf mistletoe distribution and severity 

such that it is present in naturally characteristic distribution and severity 

levels. The current conditions exceed natural distribution patterns and 

severity, thereby jeopardizing resilience and sustainability of uneven-aged 

forest conditions. Dwarf mistletoe objectives do not include eradication, 

only managed towards more natural conditions. 

ERI 51 

A single prescribed burn entry for mix conifer (MC) primarily proposed due 

to literature supported burn intervals (up to 25 years) occur beyond the 10-

15 year timeline for this project (PR 443 -- Fuels Specialist Report). 

Additional considerations for a single entry in MC were analyzed in the 

Terrestrial Species Biological Assessment (PR 437) and Wildlife Specialist 

Report (PR 441). These additional considerations include: 1) desired 

condition for MC is to retain more down/woody debris tons/acre than other 

forested types; 2) mechanical treatment limitations occur within MSO 

protected (<9” dbh) and restricted target/threshold habitats are to retain high 

BA/acre, so there are variable post prescribed burn objectives which 

contributes to a higher complexity of prescribed burns; 3) for most of the 

project area, prescribed burn treatments occur after mechanical treatments 

are completed as a rate of approximately 6,000 acres/year, this limits the 

annual acreages available for prescribed burning activities. Additionally, the 

prescribed burn window is very narrow for MC, so there would be more 

opportunity for prescribed burning implementation in ponderosa pine. 

Once this project is completed, possible future maintenance burns can be 

analyzed separately and more precisely when those future conditions are 

more clearly known and impacts to the Mexican spotted owl can be more 

clearly considered. 

ERI 52 

See Chapter 3 in the DEIS for effects and results of the treatments. Chapter 

2 page 17 describes how mechanical silvicultural cutting methods would be 

informed by historic conditions to guide implementation. It also describes 

how the combination of cutting and prescribed burning treatments, 

prescribed burning and broadcast burning would be used to meet objectives. 

Appendix A has more detailed silvicultural marking prescriptions by habitat 

type. It is important to note that this project does not intend to restore exact 

historic reference conditions on a local-site scale, but is broadly focused on 

restoring forest conditions with the natural range of availability. 

ERI 53, 54, 55 No response needed. 

Arizona Game 

and Fish Dept. 

(AGFD) 

56 

The Forest appreciates support for the collaboration conducted for this 

project. See also response 14 and 18 descriptions of this project’s 

collaboration efforts. 

AGFD 57 No response needed. 

AGFD 58 

The intent of this comment is in alignment with the intention of the project. 

Cutting of trees 120 years years and older will be very limited throughout 

the project area. It would consist of cases of public safety concerns or where 

necessary to facilitate development of healthy uneven-aged forest 

conditions. 

AGFD 59 

The Rim Lakes project emphasizes removal of trees less than 16 inches. See 

response to comment 20. Treatments focus on leaving the dominant and 

co-dominant trees by thinning tree groups from below which emphasizes 

removal of smaller trees. See Appendix A. Silvicultural Treatment Details 
Appendix D. Response to Comments on the DEIS 

300 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

in the DEIS. 

The analysis agrees with the statement that Alt. C with a 16 inch limit would 

limit movement toward desired conditions. 

AGFD 60 

Single tree selection is not proposed within this project because the desired 

conditions for goshawk management call for a distribution of VSS classes. 

The distribution of these classes is best managed with group selection which 

is the preferred method of treatment for the Rim Lakes project. Group 

selection allows for a percentage of the stand to be regenerated in small 

groups that are even-aged within the stand (PR 553, Silviculture Report). 

The remainder of the stand is then thinned by VSS groups as small evenaged groups. The result is uneven-aged conditions across a larger area such 

as the stand level. 

During implementation, existing tree groups will not be homogenized by age 

class. Retention will focus on leaving appropriate healthy trees and other 

trees necessary as wildlife habitat components to meet group density 

objectives. 

AGFD 61 

The DEIS purpose and alternative B are consistent with this comment. 

Alternative C with a diameter limit would not be as consistent with the 

objective stated in this comment. 

AGFD 62 

This DEIS purpose and need and treatment objectives are consistent with 

this view (DEIS, pages 16-28). Treatments involving oak exclosures and 

aspen management are included in the DEIS as other treatment objectives 

(DEIS pages 24). Proposed treatments focus on favoring retention and 

development of hardwood tree species. 

AGFD 63 

The project prescriptions (Silviculture Report PR82) focus on leaving the 

best formed trees in groups or as individuals. Deformed trees will be kept to 

meet canopy cover requirements within groups and to meet wildlife needs 

such as retention of squirrel nests or snag recruitment. See Appendix A. 

Silvicultural Treatment Details in the DEIS. 

AGFD 64 No response needed. 

U.S. 

Environmental 

Protection 

Agency (EPA) 

65, 66, 67 

No response needed. 

EPA 68 

Under Arizona regulations, a permit must be issued for every prescribed 

burn undertaken by the Forest. Fundamental requirememts to the action 

alternatives is that air quality meets all State and Federal ambient air quality 

standards. The Forest and ADEQ recognize that fire emissions can cause 

adverse health effects and/or becomes a nuisance, but are fundamental to the 

disturbance ecology associated with healthy ecosystems in the project area. 

Prescribed burning is implemented only with approved site specific burn 

plans and with smoke management mitigation and approvals. All burning is 

conducted according to Arizona Department of Environmental Quality 

standards and regulations, including the legal limits to smoke emissions 

from prescribed burns as imposed by Federal and State Law. The Arizona 

Department of Environmental Quality ADEQ) enforces these laws by 

regulating acres that are treated based on expected air impacts. These 

regulations ensure that effects from all burning within the area are mitigated 

and that Clean Air Act requirements are met. Cumulative effects from 

prescribed burns and from wildfires that are not being actively suppressed 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 301 

Commenter Number Response 

on Federal, State, and Tribal lands, are largely mitigated through 

implementation of the Enhanced Smoke Management Program, in the 

Arizona Smoke Implementation Plan (SIP), by the Smoke Management 

Group. http://www.azdeq.gov/environ/air/smoke/download/prules.pdf 

The Arizona law is : Title 18. Environmental Quality Chapter 2, Department 

of Environmental Quality Air Pollution Controler 18 -2-1509 

EPA 69 

According Stephens et al 2012, "[d]esigning more fire-resistant stands and 

landscapes will likely create forests that are more resistant and resilient to 

the changes imposed on them by climate change. For this reason, it is more 

appropriate to design and test a range of specific forest structures in order to 

learn about their resistance and vulnerabilities rather than trying to restore an 

ecosystem to presettlement conditions that may not be appropriate for the 

future (Millar et al. 2007). Most available evidence suggests that fuelreduction objectives are typically accomplished with few unintended 

consequences, because most ecosystem components (vegetation, soils, 

wildlife, bark beetles, carbon sequestration) exhibit very subtle effects or no 

measurable effects at all; similar results were found in Western Australia 

forests and shrub lands that were repeatedly burned over 30 years. The 

results presented in this article are for forests that once burned frequently 

with low- to moderate-intensity fire regimes; other ecosystems adapted to 

different fire regimes would probably exhibit different responses to fuel. 

treatments. 

Climate change predictions suggest that warmer and dryer conditions in the 

Southwest are expected. These anticipated conditions will result in greater 

water stress leading to increased likelihood of water-stressed mortality, 

uncharacteristic fire, insects, and disease and other disturbances. 

Restoration described in the proposed action will reduce unnaturally high 

tree densities, resulting in decreased competition for water and nutrients that 

will, in turn, reduce stress on residual trees, increase their growth rates, and 

improve other aspects of forest productivity. Reducing both surface fuels 

and crown fuels (by lowering crown connectivity) and reducing the densities 

of less fire- and disease-resistant tree species that have encroached into these 

forests due to the lack of fire will increase the resilience of these forests to 

predicted future climates and disturbances. In these more fire-prone 

conditions, it restoring to the historic structure, composition, and pattern will 

enhance resistance to contemporary catastrophic losses in order to retain the 

forest ecosystems long enough to give them a chance to migrate, if that is 

what climate change causes. The forests in the Rim Lakes Project area are 

in the transition zone between ponderosa pine and the more mesic mixedconifer forests. It is exactly to these transitions zones where the biophysical 

conditions currently supporting ponderosa pine forests will likely migrate to 

higher elevations. Restoring these more mesic forests now will enhance 

conditions for future migration. Increasing the chances of survival of these 

forests through restoration will provide opportunities to monitor, mitigate, 

and respond to climate changes and to monitor and investigate expected 

migrations of component species well into the future. 

EPA 70-71 No response needed. 

Center for 

Biological 

Diversity 

(CBD) 

72 

No response needed. 

CBD 73 A review of the objection and the regional forester’s response to the object 
Appendix D. Response to Comments on the DEIS 

302 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

were reviewed so that the appropriate analysis was included in the DEIS. 

Instructions were given in the response to the objection and these have been 

incorporated into the DEIS and the Forest MIS Assessment (June 2012, PR 

521): 

Additional MIS analysis has been conducted and considered in the DEIS. 

And Addendum to the Wildlife Report (PR 520). 

The ROD and appendices for the 1996 Amendment to the Forest Plans of 

Arizona and New Mexico has been included in the Record (PR 114, PR 115, 

and PR 116). 

CBD 74 

The Healthy Forest Restoration Act (HFRA) section 104 describes the 

analysis necessary for hazardous fuel reduction projects authorized under 

HFRA. It requires following NEPA and other applicable laws. Section 

104(c) and Section 104(d) refers to the alternatives to be considered, as 

noted by further CBD comments below. 

1) PROPOSED AGENCY ACTION AND 1 ACTION ALTERNATIVE.— 

For an authorized hazardous fuel reduction project that is proposed to be 

conducted in the wildland-urban interface, the Secretary is not required to 

study, develop, or describe more than the proposed agency action and 1 

action alternative in the environmental assessment or environmental impact 

statement prepared pursuant to section 102(2) of the National Environmental 

Policy Act of 1969 (42 U.S.C. 4332(2)). (2) PROPOSED AGENCY 

ACTION.—Notwithstanding paragraph(1), but subject to paragraph (3), if 

an authorized hazardous fuel reduction project proposed to be conducted in 

the wildland-urban interface is located no further than 11⁄2 miles from the 

boundary of an at-risk community, the Secretary is not required to study, 

develop, or describe any alternative to the proposed agency action in the 

environmental assessment or environmental impact statement prepared 

pursuant to section 102(2) of the National Environmental Policy Act of 1969 

(42 U.S.C. 4332(2)). (3) PROPOSED AGENCY ACTION AND 

COMMUNITY WILDFIRE PROTECTION PLAN ALTERNATIVE.—In 

the case of an authorized hazardous fuel reduction project described in 

paragraph (2), if the at-risk community has adopted a community wildfire 

protection plan and the proposed agency action does not implement the 

recommendations in the plan regarding the general location and basic 

method of treatments, the Secretary shall evaluate the recommendations in 

the plan as an alternative to the proposed agency action in the environmental 

assessment or environmental impact statement prepared pursuant to section 

102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 

4332(2)). 

As noted by CBD, alternative C was developed as an alternative to the 

proposed action was developed through a collaborative process and analyzed 

the different approach recommended by the CBD at that time. For the EIS, 

the IDT reviewed the objection and provided additional 

information/analysis. As noted in the DEIS, review of further information 

did not suggest adding another alternative. 

CBD 75 No response needed. 

CBD 76 

HFRA requires the development of the no action alternative and one action 

alternative. As noted, Alternative C was developed in response to the large 

tree issue, as described in the DEIS. See 74 

CBD 77 The proposal of using only existing open roads was first mentioned as 

follows by CBD in their objection letter (PR 465) to the EA and states “The 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 303 

Commenter Number Response 

Center urges the Forest Service to implement the Rim Lakes Project without 

constructing any new roads. This can be done by focusing treatments around 

existing open roads and in strategically located areas.” (PR 465). The Rim 

Lakes project is proposed without new road construction. It proposes to use 

existing open roads and to open closed temporary roads (to be closed at 

project completion). 2.5 miles of new temporary road will be constructed to 

implement the project (to be closed at project completion). Temporary road 

construction is proposed in order to avoid impacting the historic General 

Crook’s trail. Strategic locations were chosen and areas represented by 

those on the map for the action Alternatives B and C. A map of what CBD 

proposes as strategic was never provided to the IDT for the project. 

Average open road to use for treatment is 75 miles (DEIS pages 232-233). 

The existing open road system would only allow for treatment to occur 

within 1⁄4 mile which is the farthest that skidding can occur going downhill. 

Treating 1⁄4 mile does not meet the purpose and need of forest restoration due 

to the limited distance for mechanical treatment to occur. Other mechanical 

treatment past 1⁄4 mile would need to be limited to trees less than 6 inches in 

diameter. Any trees cut larger than that and left on the ground would result 

in a heavy fuel loading. In some locations it would be less than 1⁄4 mile due 

to other constraints such as drainages, uphill skidding, or non loggable areas. 

A very large proportion of the area is currently closed because it falls in the 

Rim Lakes Recreation area, which restricts the public to only open roads. 

Use of closed roads within the area take the operation away from heavy 

traffic areas. 

Approximately 12 miles would have log trucks loading on main travel ways 

if treatments are limited to existing open roads. An example of this is forest 

road 300, 169, 89A, 512, and 105. Also the placement of the temporary 

roads would be along ridge tops and restrict roads from being used in 

drainages. 

Open road density for the project area is below forest plan standards (DEIS 

page 232). Road obliteration of existing closed roads was outside the scope 

of the project and was initially proposed under a different NEPA project 

which was never completed. The project does not propose increasing road 

density. Road density reduction is not part of the purpose and need for the 

project. Road density is currently being addressed as part of the Travel 

Management. This issue was raised during the objection and was 

considered in the analysis. The analysis area has a high road density, but the 

project will not substantially change that. Policy allows for temporarily 

opening closed roads in order to accomplish other objectives, and then 

reclose them. Effects of the alternatives are displayed in the DEIS. 

An alternative that only uses existing roads would not meet the purpose and 

need of the project; therefore an alternative was not developed. 

This is described in the response to the objection by CBD (PR 471), which 

states: "The environmental effects of the proposed activities to watersheds 

from roads are thoroughly addressed in regards to their location and extent 

(density) by watershed and stream course in the Watershed Specialist Report 

[PR 453, page 23) and DEIS. Mitigating measures (Best Management 

Practices (BMPs)) are to be applied for short term impacts to protect and 

improve water quality from sediment derived from roads in the DEIS 

Appendix B. Current gully erosion and accelerated soil loss from a few 

open and closed existing roads are also addressed in the specialist report (PR 

453) and DEIS. Furthermore, the cumulative effects analysis fully analyzes 

the effects of roads and other disturbances to the watersheds (PR 453, pages 

4-6), as summarized in the DEIS. Roads will be decommissioned after 
Appendix D. Response to Comments on the DEIS 

304 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

treatment from activities (DEIS appendix B). Streams within watersheds 

which would potentially be impacted by treatments and road activities have 

designated BMPs including buffer strips (DEIS Appendix B) within 

designated stream management zones." 

CBD 78 

As described in the DEIS, a separate analysis, covered during travel 

management rule (TMR), will review the number of roads and impacts 

(DEIS page 236). 

Forest plan standards in terms of road density are a goal to meet in places 

where road density is high. There is no requirement that they be achieved, 

rather that if road densities are high, no action taken can move them farther 

away from the standards. Rim Lakes will close roads once completed, and 

then reclaim temp roads and so net change is zero. Cumulative effects are 

addressed in the DEIS. New system road construction is not proposed as 

part of this project. The project would provide for temporary roads of 2.6 

miles comprising seven different segments, proposed to protect portions of 

the Crook Trail. These temporary roads will not be National Forest System 

roads and will be decommissioned after treatments are complete. DEIS 

pages 194, 195, 232, and 233 describe cumulative effects of the roads and 

description of temporary roads and effects. Mitigation measures are 

included in Appendix B to reduce impacts further. 

CBD 79 

As noted in the Rim Lakes Federal Register Notice (PR 480), scoping before 

2012 occurred as part of the EA development. The Notice of Intent notes 

the scoping for development of the EIS, which builds from the EA, but does 

not imply starting the scoping process over. 

Collaborative efforts have been ongoing on Rim Lakes with the White 

Mountain Stewardship Multi-Party Monitoring Board and the Natural 

Resources Working Group since 2008 (PR 320). 

CBD 80 

As noted in the Federal Register notice and elsewhere, scoping before 2012 

occurred as part of the EA development. The NOI notes the scoping for 

development of the EIS, which builds from the EA, but does not imply 

starting the scoping process over. 

CBD 81 

Discussions between the 4FRI collaborative and the Rim Lakes effort were 

taken up in the winter/spring of 2012 at the request of the Forest and the 

4FRI group, which had been briefed about the project. Rim Lakes began as 

a project in 2005 with a collaborative basis in the CWPP developed through 

a collaborative process in 2004. Treatments developed for the proposed 

action came from a purpose and need defined in the CWPP and the Forest 

Plan, as well as developments in the best science available during the years 

between 2005 and 2011. 

The commenter (CBD) provided comments at that time and in fact requested 

that a 16 inch cap alternative be analyzed. The 4 FRI collaborative has just 

recently offered comments on Rim Lakes in response to the publication of 

the Notice of Intent dated March 29, 2012. CBD recently represented 

themselves as part of the 4 Fri collaborative and now claims that the Forest 

has not satisfied collaborative requirements of HFRA because they were not 

involved. The record reflects that the Forest collaborated with the local 

groups. 

In these comments on the Draft EIS, CBD offers the LTRS developed by the 

4 FRI Collaborative for the 4 FRI project as an alternative that should be 

analyzed in the Rim Lakes project. CBD did not offer the LTRS as an 

alternative prior to this date and in fact did not attend two open houses in 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 305 

Commenter Number Response 

April 2011 or April of 2012 during which Rim Lakes was discussed with the 

White Mountain collaborative. 

Their comments offer the LTRS alternative representing it as coming from 

the 4 FRI Collaborative, and asserting previous efforts at collaboration are 

invalid because the 4 FRI collaborative was not involved. 

The collaboration for the Rim Lakes Forest Restoration Project is 

documented in the record, including recent efforts to include the 4FRI 

collaborative in the continuing efforts of the the White Mountain groups. 

CBD now claims that the DEIS must consider the LTRS developed by the 4 

FRI Collaborative on the Rim Lakes Project. The LTRS establishes 8 

exception categories or situations that may require removal of larger trees 

(greater than 16 inches). It should be noted that the 4 FRI collaborative did 

not reach agreement on the Large Young Tree category deferring it for 

additional analysis. (PR 421 and PR 463 page 25). 

All of the applicable exception categories have been reviewed and fall 

within Alternative B. Alternative B provides for creating within stand 

openings (grass forb shrub interspaces) between VSS groups by removing 

trees (including large young trees (greater than 16 inches). As the LTRS 

suggests this will be done to emulate natural vegetation patterns described 

by Desired Condition consistent with existing recovery plans for Threatened 

and Endangered species. (PR 463, page 20). Removal of Large Young trees 

will be done to create within stand openings introducing the natural structure 

that must be present to restoring natural occurring frequent surface fire to the 

ecosystem. As stated in the DEIS about 31,000 trees 16 inches and greater 

will be removed out of 291,000 existing trees over a 30,000 acre area. These 

trees will be removed in a manner that re-establishes the within stand 

openings just as the LTRS recommends. 

Alternative B includes the elements of the large tree retention strategy that 

exists on the Rim Lakes project area; therefore no additional alternative is 

needed. 

CBD 82 

The LTRS has been evolving during the last year. Presettlement trees were 

considered those greater than 16 inches, and removal of any trees greater 

than this size was an exception. Through discussion in the collaborative, 

this strategy has allowed for tree removal of larger trees as a more beneficial 

outcome to overall management, but these discussions were not part of the 

collaboration in the summer 2012. 

The Path Forward document was produced in the context of the 

collaborative efforts with the Four Forest Restoration Initiative (4FRI). It 

has been reviewed and most of the ecological goals stated in the Path 

Forward are in line with the purpose and need for the Rim Lakes project. 

See also response to 81 

CBD 83 

The size of openings in Alternative B would be about the same as described 

in this comment. Also, criteria listed lines up with the proposed 

prescriptions for Rim Lakes. It is anticipated that openings greater 4 acres 

would be a rare occurrence. Prescriptions are written so the majority of 

openings are 1 acre or less. See DEIS Appendix A. Silvicultural Treatment 

Details in the DEIS (page 249) which calls for openings from 1/10 to 4 

acres, generally falling within the 1⁄4 to 3⁄4 acre size. The LTRS does not 

have a size limit to openings. Page 22 of the LRTS states that where desired 

openings are tentatively identified as >0.05 acre (these openings should be 

established wherever possible by enlarging current within stand openings or 

where small diameter trees are predominant). It is not clear from the 
Appendix D. Response to Comments on the DEIS 

306 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

comment how an alternative with similar openings would not require a 

similar forest plan amendment for openness. 

Also see response to comment 81. 

CBD 84 See response to comment 81. 

CBD 85 See response to comments 80 and 81. 

CBD 86 See response to comment 81 

CBD 87 See response to comment 79. 

CBD 88 

This comment includes no description for how the LRTS would be more 

effective in reducing fire hazard or promoting old growth structure. The 

action alternatives provide for mitigation measures that avoid adverse 

cumulative effects. The LRTS does not provide any detail for species 

management such as the requirements for MSO and goshawk VSS classes. 

It is strictly a strategy for large tree retention. Both action alternatives 

incorporate some of these strategies where possible and where they move 

the area towards the desired condition. Alternative B incorporates the 

elements of the LTRS where those conditions are present in the Rim Lakes 

Project. 

CBD 89 

The proposed LRTS alternative does not address how it would take into 

account fuel loading/arrangement, canopy base height, and local topography 

nor does it tell why it would be better than the proposed alternatives. Table 

26 in the DEIS displays the analysis in regards to surface fuel loading, 

canopy base height, and canopy bulk density. These were analyzed for each 

alternative. The Fire/fuels report (PR 443) lists these three elements and 

describes how the action alternatives would change them (pages 3-5). 

CBD 90 

Review of the Eagar South post Wallow Fire effects indicates a significant 

correlation between treatments and a lower intensity fire and resulting less 

severe fire effects. This review found the high-density forest on the hill 

slope south of the project area experienced complete forest mortality, but the 

fire behavior changed upon entering the treated areas. Heat-scorched forest 

mortality occurred along a narrow band where the fire behavior transitioned 

from crown-fire to surface fire. This band did not exceed a few hundred feet 

in width. Once the fire entered the treated blocks, it moved through the area 

as a surface fire. (Youtz 2013, PR 560). 

Also, in 2011, an effectiveness review was conducted (PR 448) that showed 

the treatments in WUI areas were effective at changing fire behavior. 

There is an important difference between clumpy structure with openings 

and contrasting even aged removal of small trees. The Fire and Fuels 

extension to the Forest Vegetation Simulator as used in the fire 

behavior/fuels analysis and in the quoted Fiedler and Keegan 2002 (PR 177) 

study is not spatial, which makes it unable to quantify changes in spatial 

distribution of fuels. It can only provide stand averages. 

To avoid this lack of spacial analysis, FlamMap was used to spatially 

represent the distribution of fuels in the fuels analyses. The Finney 2001 

study (PR 150) assumes a post treatment fuel model that will not readily 

carry fire. This is not a result expected or observed in project area 

ecosystems and therefore is not applicable to this project. The removal of a 

few larger trees addresses the spatial distribution of canopy fuels and species 

composition. Furthermore, these cited studies deal specifically with fuels 

reduction while the Rim Lakes Project aims to restore composition, structure 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 307 

Commenter Number Response 

and function. 

Prescribed fire will follow mechanical treatments and is expected to lift 

crown and address surface fuels as indicated in the Finney 2001 study. The 

removal of a few larger trees is to address the spatial distribution of canopy 

fuels and species composition. The studies referenced by the comment deal 

specifically with fuels reduction, while this project has broader objectives 

and aims to restore forest composition and structure. 

This project was planned using site-specific (stand-level) forest 

vegetation/fuels data. The effects of the alternatives on stand structure and 

fire behavior have been examined and disclosed using this site-specific 

information as the basis for the analysis. The best available science, 

methodology and analysis tools were utilized (Forest Vegetation Simulator 

for forest vegetation and fuels and Flammap for fire behavior) according to 

established procedures. This analysis documents significant reduction of fire 

behavior intensity and burn severity for the preferred alternative. This 

analysis is far more relevant to the project landscape than the non-local 

research cited by CBD. 

As noted previously, the 2011 Wallow Fire has provided a local 

demonstration of the effectiveness of management treatments similar to 

those proposed by alternative B for altering the spread of crown fire and 

restoring more characteristic fire behavior. (PR 560) 

CBD 91 

The Rim Lakes Project retains large trees as a focus. Alternative B will 

produce more large trees over the time frame analyzed than Alternative C. 

Also the large trees will be more sustainable and less susceptible to loss 

from threats such as insects, disease and uncharacteristically severe wildfire. 

CBD 92 

See 91. The Rim Lakes project places high value on conserving large trees 

(DEIS pages 7-9). 

It is not accurate to characterize the project as “logging for fuels reduction.” 

Rather the Rim Lakes Project removes some larger trees to ensure a spatially 

heterogeneous canopy fuel profile. See the response to comment 90. The 

project is also focused on restoring historically characteristic uneven-aged 

forests, not the further development of uncharacteristic forests with one 

dominant age class. Management that focuses strictly on large tree retention 

would result in unnatural, homogenous, and unsustainable forest landscapes 

dominated by mature forests everywhere. This historically unprecedented 

condition would be subject to large-scale and severe losses of forest 

vegetation over time due to insects, disease, wildfire and senescence. 

Removal of some large trees is necessary in order to improve resilience and 

sustainability of the forest. 

CBD 93 

See response to comment 28. As noted, large trees are common, not rare in 

the Rim Lakes project landscape. 

Damage can occur from mechanical thinning. However, mitigation 

measures are listed in appendix B to reduce damage to residual trees. 

Designated skid trails and log decks would be used to implement mechanical 

treatments. Trees are to be felled to the direction they will be removed in 

order to reduce erosion and tree damage. Broadcast burning will be 

conducted under conditions to preserve forest structure and density. These 

and other requirement to protect residual trees can be found in the appendix 

B of the DEIS. See response to comment 94 below. 

Some minor levels of mortality of all sized trees are a normal occurrence in 

natural forest ecosystems, and characteristic levels of large tree mortality are 
Appendix D. Response to Comments on the DEIS 

308 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

desired to produce key wildlife habitat elements (snags, down logs). 

Treatment mitigations to limit and avoid damage to desired large leave trees 

have been incorporated into the project design. Implementation of this 

project will produce forest conditions that are far more resilient than the 

current condition, and therefore it is highly probable that large trees will 

experience greater longevity as a result of this project. Under the current 

forest conditions, large trees are at high risk of accelerated mortality due to 

insects, disease and uncharacteristically severe fire. 

MIS cavity nesters (hairy woodpecker and pygmy nuthatch) habitats were 

analyzed for mechanical and prescribed burn treatments and addressed the 

importance of large tree retention being consistent with the preferred 

alternative. The preferred alternative would contribute the upward forestwide trend for both hairy woodpecker and pygmy nuthatch (DEIS pages 

147-149, 155-158). 

Fire can cause damage to trees and can consume much of the surface fuels. 

However, implementation strategies can mitigate these effects as 

documented in the DEIS Appendix B and Appendix B of the Fire and Fuels 

Specialist Report (PR 443). 

CBD 94 

The McHugh and Kolb (2003) paper was a comparison of the Dauber 

Prescribed Fire and the Side and Bridger-Knoll Wildfires. Summarizing the 

document, the Dauber prescribed Fire suggested as diameter increased, 

mortality decreased, but findings in the wildfires showed as diameter 

increased mortality increased. Treatment in the Rim Lakes Project area 

requires a majority of the area to have mechanical treatments completed 

prior to prescribed burning. In addition, the study was related to basalt 

(heavy clay soils), not coarse-textured sedimentary soils. Fire mortality 

effects are much greater on fine-textured clay soils. Also many of the sites 

on the referenced study were high-density prior to fire occurrence, not 

thinned stands. 

The DEIS addresses the expected surface, passive, and active crown fire 

under each plan alternative. The Fire and Fuels Specialist Report states “All 

prescribed burns will be conducted during conditions that allow for low 

severity fire effects. Low severity is defined as causing less than 25% 

overstory mortality and causing little or no mortality to large (>16”dbh) 

trees” (PR 443). Modeling completed for the draft states that “[a]s 

described in the modeling, high severity effects are a possible result of 

actions across up to 20 percent of the area. In most cases, prescribed 

burning would occur following mechanical treatments. 

CBD 95 

Large tree growth, development and resilience to mortality factors are best 

facilitated by managing for less overall forest density. Alternative B best 

accomplishes this as described in the DEIS (pages 33-36, 57-58). Project 

design criteria has been incorporated to assure maintenance of desired 

canopy cover within mature tree groups during implementation that meets 

wildlife and habitat needs. 

Red squirrel is a Management Indicator Species. Effects analysis covered 

approximately 8,127 acres of red squirrel habitat that occurs within the 

project area (DEIS Tables 69, page 133 and Table 70, page 135). The 

treatment in red squirrel habitats would be included within MSO Protected 

and Restricted habitats (not Northern goshawk treatments) that provides for 

existing or future mature mixed conifer forest structure that benefits red 

squirrel (DEIS page 162). (also see Wildlife Specialist Report (PR 441), and 

Addendum (PR 510). 

Effects analysis for northern goshawk found that the preferred alternative 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 309 

Commenter Number Response 

would meet the northern goshawk recommendations and would move the 

stratified habitat towards desired conditions (DEIS, pages 115-128). 

Additionally, treatment activities within old growth and MSO protected, 

target/threshold, and northern goshawk habitat with slopes > 40% will have 

minimal change in canopy, only understory effects (DEIS, pages 98, 115-

116, 162). 

CBD 96 

This is specifically addressed in the Silviculture Specialist report Appendix 

C. A discussion specifically links the Stand Density Index (SDI) project 

evaluation criteria with Forest Plan and project objectives. (PR 552) 

Current Forest Pan language does not describe the open conditions that 

would lie between VSS groups 1-6. It implies that 100% of a forest would 

be allocated to one of the VSS groups. However, historic reference 

conditions indicate that these forests were not closed forests with continuous 

tree canopies. In fact they included open areas between tree groups and 

individual trees described in the DEIS as grass forb shrub interspaces. 

Because the Forest Plans do not specifically describe these open conditions, 

the Rim Lakes Project includes a project level amendment to the Forest 

Plan, which allows for mimicking these reference conditions. In fact, 

creation of these open reference conditions is consistent with the Open Stand 

Conditions described in the LTRS proposed by CBD in these comments. 

CBD 97 

The plan amendment for the Rim lakes project insures plan consistency. The 

plan amendment is based upon desired conditions, largely informed by 

historic reference conditions. These desired conditions are well-supported by 

the scientific literature. (White 1985 (PR 43), Woolsey 1911 (PR 1). These 

desired conditions provide for tree groups of all age-classes separated by 

grass/forbs/shrub interspaces. 

The Forest Plan Standards for northern goshawk habitat directs that 

management be focused on development and maintenance of uneven-aged 

stand conditions. The Forest Plan Guidelines for MSO habitat recommends 

uneven-aged management systems as preferred to even-aged management 

systems. The best available science for local forest ecology demonstrates 

that historic natural forest conditions were uneven-aged forest stands. 

The only silvicultural cutting methodologies specifically designed to 

develop and maintain uneven-aged stands are group selection and single tree 

selection (Dictionary of Forestry, PR 131). Strict retention of trees based 

upon size/age and selection for removal of younger/smaller trees (thinning 

from below) will lead towards development of single, two-aged and 

dominant aged/sized forest conditions. The rate in which this age/size 

homogenization occurs will vary based upon the current conditions, but over 

time, a focus on retention of only large trees will result in homogenous 

forest conditions with little age/size differentiation. 

CBD 98 

See response to comment 97. A Single and two-storied stands is associated 

with even-aged silvicultural cutting methods in the textbook literature. 

Uneven-aged stands are specifically defined as having three or more distinct 

age classes, each representing at least 20% of the overall stand composition. 

In a sustainable uneven-aged stand, these ages will represent ranges from 

young to old. 

By definition, group selection is an uneven-aged cutting method that is 

focused on creation and maintenance of uneven-aged forest stand structure 

(Dictionary of Forestry, PR 131). 

In the relevant examples examined in alternative C (Little Springs and 
Appendix D. Response to Comments on the DEIS 

310 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

Mineral treatment areas, found in the Silviculture Specialist Report, PR 552 

and PR 553), the only option to reduce overall forest density was to remove 

most of the smaller, younger trees because of the cutting size limitation. 

Removal of all trees less than 10” still failed to reduce stand density 

sufficiently to meet forest health and fire hazard objectives on the Little 

Springs area. Both of the resulting stands exhibited much more homogenous 

age/size structures. 

CBD 99 

Figure 6 in the Silviculture Report (PR 553) displays an area where an entire 

age class was removed because there were too many trees 16 inches and 

larger which were left. This restricted the ability to meet stand density 

objectives while leaving multiple age classes. This was an example of what 

happens when arbitrary diameter limits are imposed on a project. 

To reduce density to meet fuels objectives, most smaller trees must be 

removed to offset the retention of all trees greater than the size constraint. 

Figure 5 in the Silviculture Report is a more accurate display of the desired 

conditions for the proposed action. Notice the stand provides for wildlife 

cover as well as multiple age classes as compared to a two-storied stand 

represented by Figure 6. 

CBD 101 No response needed. 

CBD 102 

The 1996 forest plan amendment states “ allocate no less than 20 percent of 

each forested ecosystem management area to old growth as depicted in the 

table”. The plan also states “Seek to develop or retain old growth function 

on at least 20% of the naturally forested area by forest type in any 

landscape”. Two forest types were identified in the Rim Lakes Project as 

below the allocated amount, mixed species and ponderosa pine. The project 

proposes on page 59 of the DEIS to exceed allocations found in the forest 

plan for old growth allocation. Mixed species allocation is 43 percent and 

ponderosa pine is 27% exceeding the requirements of the forest plan for old 

growth allocation by ecosystem management area. The old growth analysis 

examines old growth relevant to this project at the required three scales (see 

silviculture specialist report). 

CBD 103 

The current condition of allocated old growth for the project is below forest 

plan percentages as reflected by table 22 in the DEIS. Old growth allocated 

for the Rim Lakes project may not meet all structural attributes found in the 

forest plan. Management of these areas would to move them towards all 

structural attributes of old growth found in the forest plan. Trees 18 inches 

and greater would be retained except for public safety, and protection of 

residual stand from insect and disease. 

CBD 104-106 No response needed. 

CBD 107 

As noted in the DEIS, seven percent of the project area is currently allocated 

for old growth management. One of the purposes of the project and one of 

the actions proposed is to bring this allocated percent in line with the Forest 

Plan expectations. As stated above not all structural attributes may be 

present in existing or allocated old growth. The forest plan strive to create 

or sustain old composition, structural, and functional flow as possible over 

multiple area scales. Seek to develop or retain old growth function on at 

least 20% of the naturally occurring area. The Silviculture Specialist Report 

recognizes that currently allocated areas do not necessarily meet old growth 

standards in the forest plan but are managed to move towards those 

conditions to meet old growth structural attributes over time. 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 311 

Commenter Number Response 

CBD 108 

The forest plan states that allocations will consist of landscape percentages 

meeting old growth conditions and not specific areas. However, the Rim 

Lakes project did include specific stands and their allocations in the 

silviculture specialist report appendices. Also other areas would also qualify 

as identified in figures 2 and 3 of the silviculture report as defacto areas 

within stands that were not counted as part of the percentage. These areas 

cannot be mapped but would be managed towards old growth conditions. 

“Developing old growth” has been planned for areas that are selected to be 

managed towards achieving the forest plan old growth criteria over time. 

These areas are selected based upon their existing condition and site 

potential to best meet the old growth criteria in the shortest time frame. 

Forest plan requires that 20% of each forest type be managed towards the 

described old growth conditions. Areas were identified in the project to do 

just that and the District-wide percentage is displayed before and after 

project implementation. Both action alternatives propose to do the exact 

same treatment within the stands allocated for OG management. 

CBD 109 

This statement presented in the comment comes from chapter 1 of the DEIS, 

where it is an issue statement, presenting a concern about a possible 

outcome of Alternative B. It is not a measurement of actual effects. This 

was a comment made from an interested public (CBD) during the 

collaboration process which resulted in the development of alternative C. 

The comment has equated the three indicators for this issue with indicators 

of the project effects to old growth. For example, 16 inch and larger trees 

have no relevance to the Forest Plan definitions for old growth, but are 

indicators relevant to this issue of large tree retention. 

CBD 110 

The project describes the effects to old growth which are found in table—

comparison of alternatives—and on page 59 of the DEIS. Stands proposed 

for thinning would improve forest health, increase tree size growth, and 

reduce fire hazard for both alternatives B and C. Existing old growth is 

identified under the old growth analysis and is proposed to be managed to 

enhance the Forest Plan old growth characteristics. In mixed conifer stands 

desired conditions for old growth forest are based on Forest Plan, Mexican 

spotted owl standards/guidelines. These areas would not be managed 

towards Desired Conditions for other forest (e.g. ponderosa pine) and habitat 

areas. The comment conflates these two ideas and does not accurately 

portray the intention of the proposal. 

CBD 111 

See response to comment 110. 

Analysis for MSO included allocated old growth stands within protected and 

target/threshold habitats (DEIS pages 59, 94). Also described in the 

Terrestrial Biological Assessment, (PR 437), Wildlife Report (PR 441) and 

MIS Addendum 2012 (PR 510). 

The FWS has reviewed the project in consultation with the Forest Service 

and has concurred with our determination that the project may affect, but is 

not likely to adversely affect, the Mexican spotted owl or its critical habitat 

(Concurrence letter, PR 444). 

See also response to 95. 

CBD 112 

Not all structural attributes are known for allocated old growth or areas 

mapped as existing old growth. Primary elements such as number of large 

trees per acre are known where as other information such as age of the trees, 

number of logs per acre, and canopy cover percent may not be available for 
Appendix D. Response to Comments on the DEIS 

312 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

all areas or stands. Management of these areas however targets the 

requirements of structural attributes of the stands or areas with a detailed 

prescription to manage for the structural attributes found in the forest plan. 

The analysis of old growth was completed at three scales: stand, project 

level, and district (Silviculture Report and appendix C, PR 553 and PR552). 

No old growth is degraded or removed. All existing old growth is managed 

towards Forest Plan criteria for OG 

CBD 113 

See responses to 107 and 108. 

It is necessary to distinguish between differing forest stratum and 

management objectives as the proposed treatments differ. There is a 

complete discussion and analysis of the OG management strategy and how it 

is consistent with Forest Plan in the Silviculture Specialist Report. The 

stands selected to be managed for OG conditions are displayed in maps 

found in the Silviculture Specialist Report, Appendix B3. The proposed 

treatments for OG stands are described in the Silviculture Specialist Report, 

Appendix D (PR 552). 

Tree size is not necessarily indicative of tree age. Large trees may be young, 

and small trees may be old (relative to biological lifespan). Most trees from 

16 to 20 inches in diameter are black-barked trees that established postEuropean settlement. In the stands selected to be managed towards OG 

conditions, very few trees larger than 18” dbh will be removed. 

Protecting all old trees everywhere would not lead towards sustainable OG, 

especially where severe disease is threatening developing OG. In ponderosa 

pine stands although allowed, trees greater than 24 inches would be removed 

only for health and safety purposes or for ecological purposes. The project 

will not degrade old growth stand character. It may take a few selected old 

trees that are diseased in order to protect regeneration. OG is a specific 

patch, group or stand condition. Scattered old trees do not fit the definition 

of old growth. 

CBD 114 

This project was planned in strict accordance with the Forest Plan/1995 

MSO Recovery Plan requirements for MSO protected and restricted 

habitats. The project does not propose mechanical treatments within any 

nest/roost core area of any of the 4 PACs within or partially within the 

project area. One PAC nest/roost will be exposed to broadcast burning 

outside of the breeding season. The FWS has reviewed the project in 

consultation with the Forest Service and has concurred with our 

determination that the project may affect, but is not likely to adversely 

affect, the Mexican spotted owl or its critical habitat (See concurrence letter, 

PR 444). In addition, only 358 acres are proposed to be treated in protected 

habitat. 

This is a forest restoration project utilizing prescribed fire and mechanical 

treatments. The CBD mischaracterizes the purpose and need, particularly 

the mechanical treatment, as solely a logging operation. 

CBD 115 

Only one PAC (Ridge PAC) is entirely within the project area, and is the 

only PAC that will receive mechanical treatment. Low severity prescribed 

fire would occur within each of the four PAC’s. This level of prescribed fire 

would not alter forest structure in the PAC’s, but would partially consume 

duff, dead and down material, and any herbaceous, forb, and browse (FEIS, 

page 92). 

Designated critical habitat acres within a Critical Habitat Unit include only 

those acres defined as protected and restricted habitat in the Apache-
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 313 

Commenter Number Response 

Sitgreaves Forest Plan. Other forested and non-forested vegetation types 

occur within the Critical Habitat Unit boundaries but are not considered 

designated critical habitat. The project area includes areas that do not meet 

the definition of critical habitat and therefore do not contain the necessary 

Primary Constituent Elements as defined in the Final Rule designating 

critical habitat for the spotted owl (USDI 2004). 

Critical habitat is defined as protected and restricted habitats which contain 

the primary constituent elements (PCEs) necessary for conservation of the 

species within the designated critical habitat units (USDI 2004). The PCEs 

were identified throughout the project area and include 3,886 acres out of 

the total acres that fall within the critical habitat boundary in the project 

area. Approximately 22,507 acres within the critical habitat boundary 

would be treated during the 15 year implementation period by low severity 

prescribed fire, which would not result in adverse effects (DEIS pages 98, 

102). 

The FWS has reviewed the project in consultation with the Forest Service 

and has concurred with our determination that the project may affect, but is 

not likely to adversely affect, the Mexican spotted owl or its critical habitat 

(Concurrence letter, PR 444). Consequently, the figures and conclusions 

cited in the comment regarding critical habitat do not reflect an accurate 

interpretation of the facts on the ground or the requirements. 

CBD 116 

The 2004 MSO critical habitat final rule clarified the primary constituent 

element descriptions to assist landowners and managers in identifying areas 

containing these elements. Critical habitat is defined as those areas within 

the mapped unit boundaries that meet the definition of protected or restricted 

habitat as defined in the 1995 Recovery Plan. During ESA Section 7 

consultation, the analysis team identified the areas containing the PCEs and 

determined that the proposed action would not adversely affect designated 

critical habitat. The FWS concurred with this determination (Concurrence 

letter, PR 444). 

CBD 117 

PCE’s were analyzed with a determination of MSO critical habitat being 

“may affect, not likely to adversely affect the Mexican spotted owl critical 

habitat for forest structure and prey base PCE’s (DEIS, page 102). It is 

recognized that treatments (mechanical and broadcast burning) are expected 

to have a short-term insignificant impact with a long-term benefit. “ (DEIS 

page102; Terrestrial Biological Assessment, PR 437). The FWS has 

reviewed the project in consultation with the Forest Service and has 

concurred with our determination that the project may affect, but is not 

likely to adversely affect, the Mexican spotted owl critical habitat 

(Concurrence letter, PR 444). 

See also response to comment 116. 

CBD 118 

The DEIS disclosed the tradeoff between reducing fuel loading and having 

high input of organic soil carbon, which during a fire would be lost. The 

Greer Project cited in the comment is not in this project area. 

Short term effects from compaction, displacement and erosion are expected. 

The degree and longevity of disturbance is mitigated by implementation of 

Soil and Water Conservation Practices (BMPs) found within Appendix B. 

Mitigation of long term soil productivity is provided by retaining a 

minimum of 7 to 14 tons per acre of large woody debris as stated in R3 

supplement to FSM2550. In mixed conifer, retention of 8 to 16 tons per acre 

is recommended. This level of large woody debris retention is generally 

within the allowable limits of fuel loading that can be left to meet restoration 
Appendix D. Response to Comments on the DEIS 

314 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

and fuel reduction needs. (2003, Brown et.al, Coarse Woody Debris: 

Managing Benefits and Fire Hazard in the Recovering Forest, RMRS-GTR105). 

Monitoring of soil disturbance (Rim Lakes Monitoring Plan- PR 453 

Appendix C) will determine whether the intent of R-3 soil quality guidelines 

are being met. There are numerous Soil and Water Conservation Measures 

(BMPs) in place, that when implemented, provides protection from loss of 

long term soil productivity due to impairment of soil function. 

CBD 119 

See response to comment 95. 

The 1995 MSO recovery plan and 1996 Forest Plan clearly state that 

uneven-aged management is preferred in MSO restricted habitat. 

Alternative B proposes to remove limited numbers of trees greater than 24 

inches in goshawk habitat, but none in Mixed Conifer MSO restricted 

habitat, where the PCE of a large tree counts as MSO critical habitat. 

The summary statement from the MSO recovery plan cited in this comment 

has no bearing in the conditions in the project area. Uneven-aged 

management is focused on developing and maintaining a balance of 

young/mid-aged/old trees in each forest stand. As noted in the DEIS, 

MSO PCE on forest structure will change slightly in restricted other habitat 

with the development of uneven-aged stands. 

MSO PCE on protected habitats are only thinning small trees (>9” dbh), so 

no large trees will be removed in these habitats. 

MSO PCE on restricted target/threshold habitats will retain 150-170 BA 

where present, no trees > 24” dbh will be removed, and focus on treating 

smaller trees. 

(DEIS page 98, and Appendix A, as well as the Wildlife Specialist Report, 

PR 441) 

The FWS has reviewed the project in consultation with the Forest Service 

and has concurred with our determination that the project may affect, but is 

not likely to adversely affect, the Mexican spotted owl or its critical habitat 

(Concurrence letter, PR 444). 

CBD 120 

This project was planned in strict accordance with the Forest Plan/MSO 

Recovery Plan requirements for MSO protected and restricted habitats. All 

required habitat management strategies and constraints have been 

incorporated into the project design and analysis, and USFWS has reviewed 

and concurred with the Biological Assessment. 

Consistent with these requirements; no trees greater than 9 inches diameter 

will be cut in MSO protected habitats, and no trees greater than 24 inches in 

diameter will be cut in MSO restricted habitats. 

Also consistent with the Recovery Plan, high forest density will be 

maintained/managed towards within all protected habitat and restricted 

threshold and target threshold habitat areas (150+ square feet of basal area). 

There are no other large tree retention strategies, or minimum density or 

requirements on lands outside of protected and restricted these specific 

habitats prescribed by the Recovery Plan or Forest Plan. See response to 

comment 28. 

CBD 121 See responses to comments 27, 28, and 95. The cumulative effects of 

federal projects are considered in the environmental baseline for the species 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 315 

Commenter Number Response 

and critical habitat. Therefore, analysis of the effects of this project does not 

occur in a vacuum but is considered cumulatively during the consultation 

process. 

A primary purpose and need for this project is to manage MSO habitat to 

improve long-term forest resiliency and sustainability to uncharacteristically 

severe disturbances such as fire, insects, disease and climatic stresses. 

Managing for ecologically-sustainable forest composition, structure and 

function is the best bet for sustaining habitat for T&E species such as MSO. 

The forest restoration projects listed in this comment are also working 

towards similar objectives; cumulatively these actions are improving longterm resilience and sustainability of MSO habitats across broad landscapes 

in Arizona, resulting in widespread benefits for this species. 

In addition, The FWS has reviewed the project in consultation with the 

Forest Service and has concurred with our determination that the project 

may affect, but is not likely to adversely affect, the Mexican spotted owl or 

its critical habitat (Concurrence letter, PR 444). 

CBD 122 

Vegetation analysis shows that the 1995 MSO Recovery plan/Forest Plan 

requirements for trees 18 inches in diameter and larger would be met within 

a short term following project implementation (DEIS pages 87-88). Very 

few large-tree groups would be removed, just selected single trees in limited 

circumstances. 

CBD 123 

The FWS has reviewed the project in consultation with the Forest Service 

and has concurred with our determination that the project may affect, but is 

not likely to adversely affect, the Mexican spotted owl or its critical habitat 

(Concurrence letter, PR 444). 

CBD 124 The Rim Lakes Project is being implemented under the Apache-Sitgreaves 

Forest Plan. 

CBD 125 

The Section 7 consultation process with the USFWS was finalized with a 

concurrence letter (PR 444). The issuance of a Biological Opinion is not 

applicable under the informal consultation process. 

CBD 126 

During development of the environmental assessment for this project, 

informal consultation was initiated with a Biological Assessment that was 

developed and provided to the USFWS, which concurred with the 

determinations on federally listed species and their critical habitats 

(Terrestrial Species Biological Assessment PR 437 and PR 438) ; 

Concurrence letter from the USFWS PR 444 ). This consultation was 

reviewed in June 2012 and confirmed (PR 511). 

See response to comments 31-33. The BO currently in effect for the Forest 

Plan is the one issued on April 30, 2012 (PR 506). 

CBD 127 See response to comments 31-33. 

CBD 128 

The Forest Service has participated in the collaborative process involving 

population monitoring at the recovery unit level. A pilot study was funded 

by the Forest Service which concluded that the proposed population trend 

monitoring in the recovery plan was deemed impractical to implement. No 

further effort by the collaborative group or the Recovery Team has been 

proposed since. A new strategy, however, has been proposed in the revised 

Mexican Spotted Owl Recovery Plan (FWS 2012) in which the Forest 

Service is actively collaborating with the FWS to implement range-wide to 

assist in determining if delisting criteria have been met. The requirements 
Appendix D. Response to Comments on the DEIS 

316 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

of these Forest Plan standards and guidelines for monitoring of range-wide 

population and habitat are beyond the scope of this project. 

CBD 129 

Information gathered regarding gross changes in owl habitat continue to be 

tracked and reported to the FWS in annual reports, consultations, and 

information reports submitted to the FWS, e.g. incident reports, BAER 

reports, etc. 

CBD 130 

Pre- and post-treatment monitoring will occur in MSO protected and 

restricted habitat areas that are treated within the Rim Lakes Project as 

directed in the 1996 Forest Plan as amended (PR 250 pages 50, 53). 

Forest Plan, pg. 50, “Pre- and post-treatment monitoring should be 

conducted in all PACs treated for fire risk abatement (See monitoring 

guidelines).” 

Forest Plan, pg. 50, “Pre- and post-treatment monitoring should occur within 

all steep slopes [i.e. protected habitat] treated for fire risk abatement. (See 

monitoring guidelines)” 

Also, page 53, of Monitoring Guidelines: 

Habitat monitoring of treatment effects (pre- and post-treatment) should be 

done by the agency conducting the treatment. 

CBD 131, 132 See response to 128. 

CBD 133 See response to comments 31-33. 

CBD 134 See response to comments 128-130 and 31-33. 

CBD 135, 136 

See response to comments 31-33 and 128-130. The 2005 BO is superseded 

by the Apache-Sitgreaves National Forests LRMP BO dated April 30, 2012 

(PR 506). 

CBD 137 

See response to comment 31. 

Mechanical treatment of 281 acres within the Ridge PAC is in compliance 

with Forest Plan/Recovery Plan guidelines. Mechanical treatment would 

include only trees >9” dbh and no mechanical treatment would occur within 

the nest core habitat (DEIS, page 266). 

PACs will be treated with low severity prescribed fire, which would 

primarily consume surface fuels and would not alter forest structure (DEIS, 

page 92). 

A total of 3,886 acres within the critical habitat boundary have habitat 

characteristics that meet the PCE (DEIS, page 85). 

The FWS has reviewed the project in consultation with the Forest Service 

and has concurred with our determination that the project may affect, but is 

not likely to adversely affect, the Mexican spotted owl or its critical habitat 

(Concurrence letter, PR 444). 

CBD 138 

Site specific MSO monitoring has occurred (see response to comment 31 ). 

There is no “take” associated with the project. An informal consultation was 

completed for MSO with USFWS concurrence (concurrence letter PR 444) 

In addition, the 2005 BO has been superseded by the Apache-Sitgreaves NF 

Forest Plan 2012 BO (PR 506). 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 317 

Commenter Number Response 

CBD 139 Site specific, project level MSO monitoring has occurred (see response to 

comment 31 ). The terms and conditions of the 2005 BO no longer apply. 

CBD 140-141 

See response to comment 32. In April 2012, reinitiation of consultation was 

completed as required by ESA § 7(a)(2). It was completed with the issuance 

of the April 30, 2012 BO (PR 506). 

CBD 142 

A number of large wildfires occurred in the Southwestern Region in 2011 

and 2012. The comment identified six of those fires: Wallow, Horseshoe II, 

Murphy Complex, Las Conchas, Whitewater Baldy Complex, and the Little 

Bear. The Forest Service immediately initiated emergency, expedited 

consultation for these fires by contacting the appropriate FWS Ecological 

Services field offices at the time of the emergency. The Forest Service 

submitted Biological Assessments (BA) evaluating the response to, and the 

impacts of the Forest Service emergency response on affected species and 

their habitats, including documentation of how the Service’s (FWS) initial 

recommendations were implemented, for some of the above wildfires. 

Initiation of consultation for each of the emergency responses occurred on 

November 7, 2011, for the Wallow Fire, February, 2012, for the Las 

Conchas Fire, and September 18, 2012, for the Little Bear Fire. The BA for 

the Horseshoe II, Murphy Complex, and Whitewater Baldy Complex fires 

have not yet been completed and submitted to the FWS. With the exception 

of the Whitewater Baldy Complex Fire and the Little Bear fire, both of 

which occurred after the issuance of the 2012 Forest Plan Biological 

Opinion, the impacts associated with the emergency responses were 

submitted to the FWS to incorporate into the status of the species during 

consultation for each of the affected Forest Plans of the Southwestern 

Region. 

The Forest Service has submitted information to the FWS on the nature of 

each of the wildfires, the justification for the expedited consultation (as 

displayed through FWS involvement during the actual emergencies), and the 

impacts to threatened and endangered species and their habitat (e.g., BAER 

and wildfire information reports). 

Emergency Section 7 consultation and conferencing for suppression and 

emergency restoration (BAER) activities for the Wallow Fire on November 

7, 2011. The USFWS has subsequently requested an extension due to other 

priorities (the Forest doesn’t have a timeline for completion). So, it’s 

important to recognize that the Forest has initiated Formal Consultation with 

the USFWS with BA’s addressing effects analysis for MSO and its critical 

habitat for both the Wallow Fire suppression actions and BAER (PR 466 

and PR 467). 

CBD 143 

The Wallow Fire Emergency Consultation for Wildland Fire Suppression 

Actions included 74 PAC’s from the Apache-Sitgreaves NF that were 

evaluated in the BA. This formal consultation is ongoing with the USFWS. 

The Wallow West Fuels Reduction and Forest Recovery Project, located on 

the Alpine/Springerville Ranger Districts, had a Decision Notice and FONSI 

signed June 7, 2012. An informal consultation with the USFWS was 

initiated with concurrence on MSO and their critical habitat. 

CBD 144 See responses to comments 31 – 33, 128, and 130. 

CBD 145 The Rim Lakes amendment does not change monitoring required by the 

Forest Plan. See also responses to comments 31-33 and 128-130. 
Appendix D. Response to Comments on the DEIS 

318 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

Review of the spreadsheet submitted by CBD as a “classification summary” 

is interpreted data from an unreferenced source and does not provide a clear 

analysis. An analysis of the impacts of the 2011 Wallow Fire to MSO is 

currently ongoing with an Emergency Section 7 consultation and 

conferencing for suppression and emergency restoration (BAER) activities 

for the Wallow Fire. Also see responses to comments 142, 143. 

CBD 146 See response to MSO monitoring comment 130. 

CBD 147 

This project includes a forest plan amendment that relates project purpose 

and need to the best available science for restoration treatments. The DEIS 

explains why the amendment is needed, and how the Forest Plan amendment 

will be implemented (DEIS pages 16-18, 26-29). This amendment has been 

analyzed, and the effects disclosed in this EIS. This project's preferred 

alternative (B) includes a plan amendment, which clarifies that canopy cover 

applies only to the VSS 4-6 groups. It does not apply across the stand 

(DEIS page 27). Canopy cover is not evaluated at the project effects scale 

because it cannot be accurately done. Application of broad-scale canopy 

cover/basal area crosswalks cannot be assessed at the stratum-wide average. 

Effects to forest density are disclosed in terms that can be accurately 

assessed (basal area, trees/acre, and stand density index). Canopy cover is a 

spatially dependent value (where the trees are located is just as important as 

how many trees). As such canopy cover and the effect of various 

alternatives cannot be adequately modeled at the project scale. However 

there is a clear discussion of project consistency with Forest Plan 

requirements. There are specific statements that the plan requirements will 

be met during project implementation, and there are clearly specified design 

criteria that demonstrate how this will be accomplished (DEIS appendix B). 

All PFAs would be managed to meet required percentages in VSS 4, 5, and 

6. See DEIS appendix A, page 251 for details on basal area equivalents 

which meet the canopy cover requirements. 

CBD 148 

Forest interspaces are not a novel concept as characterized in the comment. 

Interspaces are extensively documented in the published literature, and 

described by the body of scientific research as key components of natural 

forests. These key components provide for forest resiliency to unnaturally 

severe disturbances such as high-severity fire and insects/disease. The 

Forest plan is being amended to conform management practices to the best 

available science. The amendment does not require openings on 20 to 40 

percent of the project area. 20% of the area is proposed to establish or 

develop existing VSS1 and 2. 20% of the area is proposed to 

establish/restore grass-forb-shrub interspaces. The project does not allow 

removal of old forest. It provides for removal of a few old diseased trees and 

as noted in the DEIS, is expected to be extremely rare, limited to individual 

scatterings of diseased trees. Shifting spacial scale for assessment of canopy 

cover is consistent with current best available science for natural forest 

conditions (PR 160, PR 196, PR 229). 

This project’s preferred alternative (B) includes a plan amendment which 

clarifies that canopy cover applies only to VSS 4, 5, 6 tree groups. It does 

not apply across the stand (DEIS, page 27). 

The recent Arizona District Court decision concerning the Jacob-Ryan 

Project found: “the Forest Plan is ambiguous with respect to the scale at 

which canopy cover and VSS are to be measured. The Forest Service’s 

decision to carry out these calculations at the group level is reasonable and 

entitled to deference. It was within the Forest Service’s discretion to choose 

its methodology in making its calculations, and the Forest Service explained 

why taking measurements at the group level is a reliable method of 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 319 

Commenter Number Response 

assessing the condition of the forest.” 

There are specific statements that the plan requirements will be met during 

project implementation, and there are clearly specified design criteria that 

demonstrate how this will be accomplished (DEIS Appendix B). 

CBD 149 

The Plan amendments included in Rim Lakes project were developed from 

the Desired Conditions that are incorporated into the draft ApacheSitgreaves Forest Plan Revision. The amendments were not developed from 

the Implementation Guide referred to in these comments. Furthermore, 

these Desired Conditions and related amendments are undergoing NEPA 

analysis and disclosure in this environmental document (EIS). Also see 

response to comment 30. 

CBD 150 No response needed. 

CBD 151 

This comment describes how the Rim Lake Project is using current best 

available science for natural resilient forest conditions. The project purpose 

and need is to restore natural resilient forest conditions and characteristic 

frequent surface fire, in order to reduce the increasing occurrence of 

unnaturally severe disturbances such as severe crown fire and insect 

mortality. 

In addition, the restoration of natural forest interspaces are key to restoring 

the characteristic frequent surface fire regime, hydrologic function, 

grass/forb/shrub habitats, and other elements of resilient and properlyfunctioning forest ecosystems. 

The same areas would be treated under both alternatives B and C; therefore 

Alternative B would not increase logging in goshawk habitat over 

alternative C. 

CBD 152 No response needed. 

CBD 153 

See response to comment 148. 

The forest plan does not identify how canopy cover is measured. It does say 

it is measured in VSS classes 4, 5, and 6. There is no reference to 

measurement of canopy cover at the stand level. See pages 57 and 58 of the 

forest plan (PR 250). 

The Forest Plan standard for goshawk habitats is to “manage for unevenaged stand conditions.” Since stands are to be managed towards a balance of 

structural stages from VSS 1-6, you cannot average VSS 1-2-3 with the 

canopy cover for VSS 4-5-6. Just the sub-stand groups and patches of VSS 

4-5-6 are specified to be managed for canopy minimum canopy cover 

densities. The proposed amendment clarifies this for the project (DEIS page 

27) Three scales were used for this analysis (DEIS page 111-128). 

The plan amendment (DEIS pages 25-28) clarifies that canopy cover will 

not be measured at the stand scale. The DEIS discloses this amendment as 

being consistent with current best available science for restoration of natural, 

sustainable forest conditions. 

Northern goshawk was evaluated in the Wildlife Specialist Report at three 

scales and included in the DEIS (DEIS pages 112-115; 120-128; the 

Silviculture Report (PR 553), Wildlife Specialist Report (PR 441). 

CBD 154 See response to comment 148. 

VSS classification has no defined area size. VSS is a classification of tree 
Appendix D. Response to Comments on the DEIS 

320 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

size/age. Any specified unit area can be classified by the existing VSS. 

CBD 155 No response needed. 

CBD 156 

See response to comments 30 and 148. 

The “New Goshawk Guidelines – USDA 2007” reference was not used for 

analysis, standards, or guidelines. 

There is no reference in the forest plan to canopy cover being measured at 

the stand level. Canopy cover only applies to VSS 4, 5, and 6. The 

following is what applies to the measurement of canopy cover: “Canopy 

Cover: Canopy cover guidelines apply only to mid-aged to old forest 

structural stages (VSS 4, VSS 5, and VSS 6) and not to grass/forb/shrub to 

young forest structural stages (VSS 1, VSS 2, and VSS 3).” See pages 57 

and 58 of the forest plan. 

Spacing and number of trees is irrelevant. The proposed amendment clarifies 

the plan requirements for this project. (DEIS pages 25-28). The 

amendments are proposed to utilize current best available science for forest 

restoration. 

The notes from the Forest Service planning meeting held in Flagstaff on 

November 3-5, 2006 are not relevant to the Rim Lakes project. The Game 

and Fish Dept. has written specific comment letters for this project that 

reflects their current position and interests (PR 503 and PR 545). 

CBD 157 

These comments by Arizona Game and Fish reflected their concerns at the 

time, but they have been key supporters of the current restoration strategy 

found in the desired conditions. Their current support is found in their 

comment letter to the DEIS (PR 545). 

The table referenced in the 1996 Forest Plan amendments intends to clarify 

the cover requirements. However, following the most recent science, the 

forest plan amendment of the Rim Lakes Project analyzes the openness 

created by the clarification for canopy cover measurement. (DEIS pages 25-

28). 

The BA that was provided to the USFWS for informal consultation 

acknowledged that stratified goshawk habitat occurred within the project 

area. The project biologist contacted the USFWS to confirm that there was 

no need to re-initiate section 7 consultation based upon the plan amendment 

for treatments in Northern goshawk habitat. The USFWS response stated 

“If the proposed actions are the same and there are no additional actions that 

could impact MSO then there is no need to reinitiate” . (PR 511) 

Also see response to comment 30. 

CBD 158 

The Table CBD-1 isn’t relevant because the Rim Lakes amendment clarifies 

the forest plan to state that canopy cover will not be applied at the stand 

level. 

CBD 159 No response needed. 

CBD 160 

This comment describes how the Rim Lake Project is using current best 

available science for natural resilient forest conditions. The project purpose 

and need is to restore natural resilient forest conditions and characteristic 

frequent surface fire, in order to reduce the increasing occurrence of 

unnaturally severe disturbances such as severe crown fire and epidemic level 

insect mortality. 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 321 

Commenter Number Response 

In addition, the restoration of natural forest interspaces are key to restoring 

the characteristic frequent surface fire regime, hydrologic function, 

grass/forb/shrub habitats, and other elements of resilient and properlyfunctioning forest ecosystems. 

The resulting interspaces would be concentrated in the VSS 3 and VSS4 

post settlement groups which currently represent approximately 89% of the 

area (DEIS page 70). This is approximately 49% above forest plan 

standards. The proposed action is to move some of these areas into VSS5/6 

and VSS 1/2 which are currently deficit. Interspaces would not be created in 

groups of healthy trees that represent deficit VSS classes. 

CBD 161 

An analysis for the effects of the amendment was completed. A Report 

updating the Forest MIS was finalized in August, 2012 (PR 521 ). This 

Forest report was utilized to update the MIS analysis in the Rim Lakes 

Project (PR 520). The Rim Lakes Wildlife Specialist Report and 2012 MIS 

Addendum conducted an analysis of northern goshawk and MIS prey 

species (Wildlife and Rare Plant Specialist Report, (PR 441); Addendum to 

Wildlife and Rare Plants Specialist Report: Management Indicator Species, 

PR 520 ; and DEIS pages 111-167). 

CBD 162 

The EIS for Rim Lakes project assumes significance under NEPA with a 

thorough effects disclosure. The plan amendments for this project are 

specific and appropriate to the Rim Lakes area. 

Forest Service Manual section FSM 1926.5 addresses significance of 

amendments for plans being amended using the 1982 planning rule 

procedures. Section 1926.52 identifies that significant amendments are those 

that either: 1) result in “changes that would significantly alter the long-term 

relationship between levels of multiple-use goods and services original 

projected” within the planning area, or 2) result in “changes that may have 

an important effect on the entire land management plan or affect land and 

resources throughout a large portion of the planning area during the planning 

period.” Neither of these situations occur for the Rim Lakes project, thus 

the amendment is a non-significant amendment 

Other projects identified in this comment are not part of the Rim Lakes 

analysis. Forest Plan revisions are well underway on the Kaibab, Coconino, 

Prescott, and the Apache-Sitgreaves NFs. These plan revisions utilize the 

desired conditions being applied in Rim lakes and will address the broader 

application of these desired conditions in Northern Arizona. 

The project analysis includes cumulative effects relevant to the scale of this 

project. 

CBD 163, 164 See responses to 161 and 162. 

CBD 165 

During public comment for this project, one line of research was mentioned 

that raised concerns about the effectiveness of the northern spotted owl 

recommendations in reproductive success (Beier 2008 and Beier 2012). 

(DEIS page 139). This research conducted a test of the recommendations 

and concluded that reproduction of goshawks declined as forest structures in 

their breeding areas became increasingly similar to those described in the 

recommendations. These concerns have been evaluated in a response 

(Reynolds et al. 2012), which found the methods used by Beier to reach his 

conclusion were flawed. For example, Reynolds found the methods used to 

determine similarity to the structural conditions described in the 

recommendations resulted in inappropriate measures of similarity. Reynolds 

also concluded that insufficient monitoring and other factors contributed to 
Appendix D. Response to Comments on the DEIS 

322 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

Beier’s conclusions. 

This issue has also arisen in other contexts where the scientific debate 

surrounded habitat needs for the goshawk, including whether the species is a 

habitat generalist (using both open canopy forest and closed canopy), or a 

specialist, requiring closed canopy only. In 2001, a Scientific Committee 

reviewed new information that had not been considered in the 1996 Forest 

Plan amendments (PR 160) and concluded no new evidence would raise a 

need to modify the amendments. A literature review in 2004 found similar 

results (PR 196). 

CBD 166 

The Allen’s lappet browed bat is included in the analysis. Mitigation 

measures for snags appear on Appendix B of the DEIS, page 267. Existing 

snags are to be protected outside of landing areas. Recruitment of snags 

above the forest plan standards would occur as marking is completed to plan 

and retain 18 inch and larger trees for future snags. The forest service 

monitors mechanical treatments as they occur on the ground so mitigation 

measures are followed. The project proposes retaining as many large trees 

as possible while meeting fuels and forest health objectives. Table 20 

displays the number of residual trees 16 inches and larger per acre retained 

for all alternatives. These numbers reflect what would be available for snag 

recruitment into the future. These numbers exceed the forest plan 

requirements. The DEIS discloses the affected environment (page 108) and 

expected effects to the species (page 129). 

CBD 167 

A Report updating the Forest MIS was finalized in August, 2012 (PR 521). 

This Forest report updated the 2006 MIS Report for Forest wide habitat and 

population trends (post Wallow Fire) for all MIS and was utilized for 

preparing a 2012 addendum to the 2011 MIS analysis for the Rim Lakes 

Project. 

A 2012 MIS Addendum was prepared and analyzed for the Rim Lakes 

Project to update and address forest-wide habitat trends, forest-wide 

population trends, and environmental consequences for the project following 

the Wallow Fire (PR 521); and Addendum to Wildlife and Rare Plants 

Specialist Report, Management Indicator Species (PR 520). These updates 

in the 2012 MIS addendum were incorporated into the DEIS (pages 132-

167). 

Several MIS species had revised habitat and population trends with the 

Forest 2012 MIS Report, most notably species in late succession habitat 

such as Northern goshawk, Mexican spotted owl, and red squirrel. This 

trend changed from upward/stable to stable/declining and was primarily 

attributed to the amount of mixed conifer and ponderosa pine habitat burned 

at high/moderate fire severity during the Wallow Fire that changed late 

succession forested habitats to early succession habitats. 

A review of the July 2011 analysis of effects of the Rim Lakes Project was 

completed for each MIS and it was determined that project level effects 

resulted in improvements or maintenance of habitats and increased 

protection from adverse impacts of high severity wildland fire. The Rim 

Lakes Project would not alter forest wide population or habitat trends as a 

result of new information received in the Forest 2012 MIS Report (PR 521) 

and DEIS. 

CBD 168 

There are no Forest Plan guidelines for red squirrel as this species is a 

Management Indicator Species. Approximately 8,127 acres representative 

of red squirrel habitat occur within the project area (DEIS Tables 69, page 

134 and Table 70, page 135). The treatment in red squirrel habitats would 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 323 

Commenter Number Response 

be included within MSO Protected and Restricted habitats (not Northern 

goshawk treatments) that provides for existing or future mature mixed 

conifer forest structure that benefits red squirrel As disclosed in the DEIS 

(DEIS page 162), a reduction in quality habitat as a result of alternative B 

would occur by mechanical thinning and broadcast burning of VSS 3 and 

VSS 4 trees to a more open condition. However, managing for old growth 

and MSO forest plan guidelines would provide higher basal area, larger trees 

and interlocked canopies that benefit red squirrel. Alternative C would 

remove more trees less than 16 inches in diameter to meet the density 

objectives, which would not change its habitat value. Both alternatives 

would not alter red squirrel “declining” forest-wide habitat trend or the 

“stable to declining” forestwide population trend. 

CBD 169 

See response to comment 50. 

Mistletoe management is identified as an “Other Treatment Objective” 

within Northern goshawk foraging areas and MSO restricted habitat (other) 

(DEIS, page 24). Northern goshawk PFA’s and MSO PACs and other 

protected habitat will not be targeted for mistletoe treatments. 

The project proposes to manage dwarf mistletoe distribution and severity 

such that it is present in naturally characteristic distribution and severity 

levels. The current conditions exceed natural distribution patterns and 

severity, thereby jeopardizing resilience and sustainability of uneven-aged 

forest conditions. Dwarf mistletoe objectives do not include eradication, 

only managed towards more natural conditions. 

On page 21, Appendix B, of the ROD for the 1996 Amendment of Forest 

Plans Arizona and New Mexico, there is a requirement to manage to 

decrease dwarf mistletoe. The silviculturist worked with forest pathologists 

to design project treatments to manage dwarf mistletoe (PR 449 and PR 

553). This project is consistent with the forest plan regarding mistletoe 

management. 

A variety of wildlife species that occur within the project area benefit from 

dwarf mistletoe by both structure and food sources. Witches broom often 

provides a platform for nesting/resting cover for both birds and squirrels, 

and is a key habitat component that is identified for retention. Mistletoe 

berries are widely known as a food source for a variety of non-insectivorous 

avian species and mammals (squirrels and ungulates) that are known to 

occur in the project area. Northern goshawk is the only sensitive species 

that are believed to use mistletoe directly for a nesting platform along with 

its prey base using mistletoe for cover and food source. Mechanical 

treatments will focus management on severe infections of dwarf mistletoe 

(DEIS, page 116; Appendix A, page 248). Dwarf mistletoe is currently 

present above natural levels and will be managed towards natural variation 

over time with treatments while still providing habitat and food sources for 

wide range of wildlife species. 

During development of the environmental assessment for this project, 

informal consultation was initiated with a Biological Assessment that was 

developed and provided to the USFWS, which concurred with the 

determinations on federally listed species and their critical habitats 

(Terrestrial Species Biological Assessment PR 437; concurrence letter PR 

444). 

The forest is required to analyze the project-level impacts on species that are 

federally listed or have been designated as Sensitive by the Southwestern 

Regional Forester. The forest is also required to address project effects to 

Management Indicator Species designated in the Apache-Sitgreaves Forest 
Appendix D. Response to Comments on the DEIS 

324 FEIS for the Rim Lakes Forest Restoration Project 

Commenter Number Response 

Plan, to disclose unintentional take of migratory birds, and to disclose any 

take of bald or golden eagles. No status species (listed, sensitive, or MIS) is 

dependent on mistletoe as a habitat or food source. A full list of the species 

affected by the project, and their habitat within the project area, is found in 

both the Wildlife Specialists Report (PR 441) and the DEIS pages 77-192. 

CBD 170 CBD will remain on the project mailing list. 

CBD 172 

See response to comment 157. The need for clarity is why the site-specific 

amendment was proposed. Analysis provided in the DEIS has displayed the 

effects of the amendment. 

USDI Office of 

Environmental 

Compliance 

(OEC) 

174 

The DEIS disclosed that implementation of mechanical treatments within 

forest lands and low severity prescribed burning would have short-term 

adverse effects to all bird species that may breed within the project area 

during the breeding season (DEIS pages 171-174 and Wildlife Specialist 

Report—PR 441). The project has included design criteria in the action 

alternatives to lessen the impact, to the extent practical, for migratory birds 

by phased implementation and some areas of seasonal restrictions (DEIS 

Appendix B). The long-term benefits following project implementation for 

migratory bird habitat outweigh the short-term impacts to individuals. This 

disclosure meets the intent and Forest Service obligations under the MBTA, 

Executive Order 13186 (January 2001), and Memorandum of Understanding 

(MOU) between the U.S. Forest Service and the U.S. Fish and Wildlife 

Service. The implementation would be phased over 10 to 15 years 

throughout the entire EMA. The project area has Mexican spotted owl 

Protected Activity Centers as well as Northern goshawk Post Fledging Areas 

that have breeding season restrictions. These breeding season restriction 

areas will be utilized by migratory birds nesting within mixed conifer or 

ponderosa pine forested areas and they would not be impacted during the 

breeding season. By planning for phased implementation over time, the 

annual acreage disturbance affecting migratory birds is minimized. Longterm benefits for migratory birds will be realized from mechanical 

treatments and prescribed burning by managing forested habitats towards 

uneven age class structure and development of an understory browse and 

herbaceous component. Snag and dead/down log guidelines are followed as 

directed in the Forest Plan. 

OEC 175 

Migratory bird conservation is a primary emphasis in Forest Service efforts 

to advance species conservation within the Forest Service. Executive Order 

13186 (January 2001) outlines responsibilities of federal agencies under the 

Migratory Bird Treaty Act and requires each federal agency whose actions 

have, or are likely to have, a measurable negative effect on migratory bird 

populations to develop a MOU with the Fish and Wildlife Service to 

promote the conservation of migratory bird populations. Of the 

responsibilities: one is to support the conservation intent of the migratory 

bird conventions by integrating bird conservation principles, measures, and 

practices into agency activities and by avoiding or minimizing, to the extent 

practicable, adverse impacts on migratory bird resources when conducting 

agency actions. The Forest Service has entered into a MOU with the U.S. 

Fish and Wildlife Service in December 2008 that emphasizes four key 

principles. In the MOU (PR 356), “the parties mutually agree that it is 

important to: 1) focus on bird populations; 2) focus on habitat restoration 

and enhancement where actions can benefit specific ecosystems and 

migratory birds dependent on them; 3) recognize that actions taken to 

benefit some migratory bird populations may adversely affect other 

migratory bird populations; and 4) recognize that actions that may provide 

long-term benefits to migratory birds may have short-term impacts on 
Appendix D. Response to Comments on the DEIS 

FEIS for the Rim Lakes Forest Restoration Project 325 

Commenter Number Response 

individual birds.” Prescribed burning is not tied to a set date but is dictated 

by conditions that would allow for an entry/treatment to meet our 

prescription objectives. A large window of opportunity needs to be 

available for burning activities, which includes spring/early summer. A five 

month window of seasonal restrictions within all the project area for 

thinning activities would be a social and economic impact (among others) 

causing the implementation phase to be carried out well beyond the target 

timeline. Based on the analysis, this restriction is not needed to protect 

migratory birds. 

OEC 176 

The literature searches for species to be considered within the project area 

were based upon District Wildlife Biologist professional knowledge, 

Arizona Partners In Flight Bird Conservation Plan (1999), and “Birds of 

Conservation Concern – 2002” list for BCR 16 (Southern Rockies/Colorado 

Plateau), issued by the U.S. Fish and Wildlife Service. The BCR 34 cited in 

the comment lies to the south and at a lower elevation than the project area. 

The analysis for this project used the most current list for the BCR 16. 

OEC 177 No response needed. 
FEIS for the Rim Lakes Forest Restoration Project 326 

Appendix E. DEIS Comment Letters 

Received 

The public comment period for the Rim Lakes Forest Restoration Project Draft Environmental 

Impact Statement (DEIS) occurred between September 28, 2012 and November 13, 2012. This 

appendix provides the comment letters and email submitted during that period. 
Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 327
White Mountain Apache Tribe 

Office of Historic Preservation 

PO Box 507 

Fort Apache, AZ 85926 

Ph: (928) 338-3033 Fax: (928) 338-6055 

To: James E. Zornes, Apache-Sitgreaves National Forest Supervisor 

Date: October 9, 2012 

Project: Draft EIS Rim Lakes Forest Restoration Project 

.......................................................................................................................................................... 

The White Mountain Apache Tribe Historic Preservation Office appreciates receiving 

information on the proposed project, September 24, 2012 . In regards to this, please attend to 

the following checked items below. 

► There is no need to send additional information unless project planning or implementation 

results in the discovery of sites and/or items having known or suspected Apache Cultural 

affiliation. 

N/A - The proposed project is located within an area of probable cultural or historical 

importance to the White Mountain Apache tribe (WMAT). As part of the effort to identify 

historical properties that maybe affected by the project we recommend an ethno-historic study 

and interviews with Apache Elders. The tribe's Cultural Heritage Resource Director Mr. 

Ramon Riley may be contacted at (928) 338-3033 for further information should this become 

necessary. 

► Please refer to the attached additional notes in regards to the proposed project: 

 We have received and reviewed the information regarding Apache-Sitgreaves National Forest 

draft Environmental Impact Statement (DEIS) for the proposed Rim Lakes Forest Restoration 

Project on the Black Mesa Ranger District, and we have determined the proposed action and/or 

“Alternative B” will not have an adverse effect on the White Mountain Apache tribe's (WMAT) 

historic properties and/or traditional cultural resources. Regardless, we propose any/all ground 

disturbing activities be monitored if there are reasons to believe that there are human remains 

and/or funerary objects are present, and if such remains and/or objects are encountered all project 

activities should cease and the proper authorities and/or affiliated tribe(s) be notified to evaluate 

the situation. 

Thank you. We look forward to continued collaborations in the protection and preservation of 

place of cultural and historical significance. 

Sincerely, 

Mark T. Altaha 

White Mountain Apache Tribe 

Historic Preservation Office 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 328
1

Hurlocker, Sandy -FS

From: Richardson, Gayle -FS on behalf of FS-comments-southwestern-apache-sitgreavesblack-mesa

Sent: Tuesday, November 06, 2012 3:32 PM

To: Hurlocker, Sandy -FS

Cc: Loewe, Victoria L -FS; Nelson, Chris A -FS

Subject: FW: Rim Lakes Forest Restoration Project

From: Wendy S. LeStarge [mailto:LeStarge.Wendy@azdeq.gov] 

Sent: Friday, November 02, 2012 10:52 AM 

To: FS-comments-southwestern-apache-sitgreaves-black-mesa 

Cc: Linda C. Taunt 

Subject: Rim Lakes Forest Restoration Project 

The following comments are submitted on behalf of Linda Taunt, Deputy Division Director of the Arizona Department of 

Environmental Quality, Water Quality Division (ADEQ). 

Thank you for the September 24, 2012 notice regarding the draft environmental impact statement for the Rim 

Lakes Forest Restoration Project, which proposes uneven-aged selective cutting of trees and broadcast burning, 

in ponderosa pine, pine-oak, and dry mixed conifer forest stands. The proposed action would also include about 

2.6 miles of temporary roads. Based on the information in the draft environmental impact statement, ADEQ has 

the following comments regarding water quality permits that may be required. 

Stormwater: Construction activities (clearing, grading, or excavating) that disturb one acre or more must obtain 

a general permit for stormwater discharges under the Arizona Pollutant Discharge Elimination System’s 

(AZPDES) Construction General Permit. Permit coverage is also required if the project is part of a larger 

common plan of development and the entire project will ultimately disturb one or more acres. As part of permit 

coverage, a Stormwater Pollution Prevention Plan (SWPPP) must be prepared, and implemented during the 

course of construction. The SWPPP must comply with ADEQ’s Construction General Permit’s SWPPP 

requirements, and must identify such elements as the project scope, anticipated acreage of land disturbance, and 

the best management practices that would be implemented to reduce soil erosion, and contain or minimize the 

pollutants that might be released to waters of the U.S. In addition to preparing the SWPPP, the project 

proponent must file for permit coverage before construction. 

 

Clean Water Act (CWA) 401 Water Quality Certification: If project activities will occur inside the Ordinary 

High Water Mark of any water of the U.S., then a CWA section 404 permit (a.k.a. dredge and fill), issued by the 

U.S. Army Corps of Engineers, may be required. If a 404 permit (or any other federal permit) is required for the 

project, a state-issued CWA section 401 certification of the permit may be required to ensure that the permitted 

activities will not result in a violation of Arizona’s surface water quality standards. 

The draft environmental impact statement is correct that Bear Canyon Lake is identified as impaired under 

Section 303(d) of the CWA for low pH in the 2010 Status of Water Quality in Arizona 305(b) Assessment and 

303(d) Listing Report. Generally, listing as an impaired water may impact surface water quality permits, and 

any applicant for such permits should allow additional time for agency review. 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 329
2

We appreciate the opportunity to review and provide comments. If you need further information, please contact 

Wendy LeStarge of my staff at (602) 771-4836 or via e-mail at wl1@azdeq.gov, or myself at (602) 771-4416 or 

via e-mail at lc1@azdeq.gov. 

Wendy LeStarge

Environmental Rules Specialist

Arizona Department of Environmental Quality

Water Quality Division

(602) 771-4836

NOTICE: This e-mail (and any attachments) may contain PRIVILEGED OR CONFIDENTIAL information and is intended only for the use of the 

specific individual(s) to whom it is addressed. It may contain information that is privileged and confidential under state and federal law. This 

information may be used or disclosed only in accordance with law, and you may be subject to penalties under law for improper use or further 

disclosure of the information in this e-mail and its attachments. If you have received this e-mail in error, please immediately notify the person 

named above by reply e-mail, and then delete the original e-mail. Thank you.

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 330
November(7,(2012(

516$Alto$Street$$$$$$$$$$$$$$$$Santa$Fe,$NM$87501$$$$$$$$$$$$$$$$505598859126$$$$$$$$$$$$$$$505521351895$(f)$$$$$$$$$$$$$$www.wildearthguardians.org 

SANTA$FE$$$$$DENVER$$$$$TUCSON$

James(Zornes(

Black(Mesa(Ranger(District

Apache@Sitgreaves(National(Forest

P.O.(Box(968

Overgaard,(AZ(85933

Email:(comments@southwestern@apache@sitgreaves@black@mesa@fs.fed.us

RE:$Rim$Lakes$Forest$Restoration$Project$Proposed$Action$$

Dear(Mr.(Zornes,(

WildEarth(Guardians(submits(these(comments(on(behalf(of(its(nearly(25,000(members(and(

supporters(@(many(in(Arizona(@(on(the(Draft(Environmental(Impact(Statement((DEIS)(for(the(

Rim(Lakes(Forest(Restoration(Project((Rim(Lakes(FRP).((WildEarth(Guardians(has(

significant(concerns(that(the(planning(area(does(not(meet(the(requirements(of(the(Healthy(

Forest(Restoration(Act((HFRA).(We(are(also(very(concerned(about(the(proposed(project’s

impacts(on(Mexican(spotted(owl(and(northern(goshawk,(in(particular(the(proposed(non@

significant(Forest(Plan(amendments.(In(addition,(WildEarth(Guardians(does(not(support(

any(new(road(construction,(temporary(or(otherwise.(The(long@term(impacts(of(road(

construction(are(not(justified(by(the(restoration(benefits(and(should(be(dropped(from(

consideration(in(the(final(EIS.(

Suitable)Lands)

Both(terms,(“WUI”(and(Condition(Class(3”(are(legally(defined.

1((The(existence(of(certain(

facts(must(be(alleged(to(support(the(assertion(that(these(terms(apply(to(certain(lands.((

Therefore,(the(applicability(of(these(terms(to(particular(lands(must(be(held(to(be(a(“legal(

conclusion”(that(proceeds(from(the(existence(of(certain(facts.((In(reference(to(legal(issues,(a(

reviewing(court(will(give(less(deference(to(an(agency(decision(than(in(the(case(of(an(issue(of(

fact.

 

1

 See HFRA Sections 101(16) and 101(5) respectively.

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 331
WildEarth)Guardians’)Comments November)7,)2012

Rim)Lakes)Forest)Restoration)Project)DEIS))

Page(2(of(10

Lands(on(which(hazardous(fuel(reduction(projects(may(occur(under(the(HFRA(are(limited(

to:(

I. The(wildland@urban(interface(areas(of(at@risk(communities;2((

II. (All(condition(class(3(lands,(as(well(as(condition(class(2(lands(within(fire(regimes(I,(II(

or(III,(that(are(in(such(proximity(to(a(municipal(watershed(or(its(feeder(streams(that(

a(significant(risk(exists(that(a(wildfire(event(will(have(adverse(effects(on(the(water(

quality(of(the(municipal(water(supply(or(the(maintenance(of(the(system;3

III. Where(windthrow(or(blowdown(or(the(existence(of(an(epidemic(of(disease(or(insects(

significantly(threatens(ecosystems(or(resources;4((

IV. (Areas(that(have(threatened(and(endangered(species(habitat,(where(the(natural(fire(

regimes(are(important(for((or(where(wildfire(poses(a(threat(to)(the(species(or(their(

habitat(and(the(fuel(reduction(project(will(enhance(protection(from(catastrophic(

wildfire((and(complies(with(applicable(guidelines(in(management(or(recovery(

plans).5

The(draft(EIS(fails(to(provide(documentation(or(justification(supporting(the(suitability(

under(HFRA(or(as(defined(in(the(Federal(Register(for(each(acre(proposed(for(treatments(in(

the(planning(area.

6((The(only(attempt(to(justify(the(planning(area(as(suitable(per(the(

definitions(in(the(HFRA((is(in(the(opening(summary(that(“for(the(Rim(Lakes(Project,(lands(lie(

in(the(wildland@urban(interface((WUI)(and(contain(critical(habitat(for(the(threatened(

Mexican(spotted(owl.”((DEIS(at(iii).((

The(Department(of(Agriculture(defines(three(categories(of(WUI(areas:(interface,(intermix(

and(occluded.(These(are(found(in(the(Federal(Register(as(referenced(in(the(HFRA,(Sec.101(

(1)(A)(i).7(A(WUI(interface(area(is(defined(as(a(community(with("3(or(more(structures(per(

acre((structure(is(defined(as(a(residence(or(business)(with(shared(municipal(services."(An(

alternative(definition(of(an(interface(area(is("250(or(more(people(per(square(mile"(

(p.753).(An(intermix(area(is(defined(as(an(area(with("structures(very(close(together(to(one(

structure(per(40(acres".(An(alternative(definition(has(a("population(density(of(between(28@

250(people(per(square(mile"((p.(753).(An(occluded(area(is(not(relevant(to(the(project(area.

((

The(Federal(Register(indicates(a("preliminary(criteria(for(risk(evaluation(and(risk(

management(that(will(be(used(by(the(Secretaries(to(rank(and(prioritize(communities..."8

The(Federal(Register(addresses(this(criteria(through(levels(of(risk(assessment(but(does(not(

 

2 HFRA Section 102(a)(1). 3

 HFRA Sections 102(a)(2) and (3). HFRA defines “municipal water supply system'' as “the reservoirs, canals, 

ditches, flumes, laterals, pipes, pipelines, and other surface facilities and systems constructed or installed for the 

collection, impoundment, storage, transportation, or distribution of drinking water.” (Section 101).

4

 HFRA Section 102(a)(4). 5 HFRA Section 102(a)(5).

6

 HFRA, Section 101, (1) (A) (i) and 66 Fed. Reg. 753.

7

 66 Fed. Reg. 751-777. 8 66 Fed. Reg. 752. 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 332
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Rim)Lakes)Forest)Restoration)Project)DEIS))

Page(3(of(10

actually(rank(communities(at(risk.9((The(Federal(Register(notice(also(provides(direction(on(

refining(the(initial(list(of(communities:((“the(Federal(Agencies(will(work(with(Tribes,(State,(

local(governments,(and(other(interested(parties(to(refine(and(narrow(the(initial(list(of(

communities(provided(in(this(notice,(focusing(on(those(that(are(at(highest(risk,(as(

determined(through(the(application(of(appropriate(criteria.”10((Emphasis(added).(

The(Federal(Register(also(provides(the(“Preliminary(Criteria(for(Project(Selection.”11(This(

section(indicates(that("among(other(factors(that(may(be(considered(for(project(

selection...will be(the(degree(to(which(the(community(actively(supports(and(invests(in(

hazardous(fuel(reduction(activities(and(programs....Private(landowners(may(help(reduce(

this (fire)(risk(by(creating(defensible(space(around(their(homes(and(businesses,(and(by(

using(fire@resistant(materials(in(building(those(structures.(Without)such)precautionary)

measures,)fuel)reduction)on)Federal)land)in)the)vicinity)may)be)ineffective)in)significantly)

reducing)community)risk."12(Subdivisions(should(implement(fuel(reduction(on(private(

lands before a(Federal(plan(can(be(effective.(

Finally,(the(list(provided(in(the(Federal(Register(is(only(a(starting(place.(Based(on(this(list,(

the(USFS(is(supposed(to(apply(the(WUI(criteria(thus(prioritize(HFRA(project(sites.((

((

The(USFS(may(argue(that(it(calculated(site@specific(fire(regime(current(condition(classes(

(FRCC)(for(the(area(that(qualify(it(for(HFRA(authorization.(First,(the(national(FRCC(rating(

system(was(not(developed(for(localized(use.(The(authors(of(the(coarse@scale(mapping(of(

FRCCs(stated(specifically(that(they(were(meant(to(provide(land(managers(with(“national@

level”(data(and(for(the(methodology(to(be(applied(at(finer(scales,(land(managers(would(

require(“finer(input(data.”(Schmidt(et(al.(2002).((

Nowhere(in(the(draft(EIS(is(the(methodology(or(rationale(for(defining(the(planning(area(as(

suitable(under(the(HFRA(identified(or(explained.(Failure(to(document(and(analyze(

suitability(in(the(draft(EIS(is(inconsistent(with(the(above(HFRA(direction.(It(does(not(comply(

with(the(Sec.102((A)(@(Authorized(Projects(as(specified(in(the(HFRA.((

The(HFRA,(through(its(mandate(to(comply(with(NEPA,(and(by(its(express(language,(requires(

the(Forest(Service(to(promote(encourage,(and(facilitate(the(formation(of(a(Collaborative(

Wildfire(Protection(Plan((CWPP)(by(the(local(planning(area(community(early(in(the(

planning(process,(before(“key(planning(decisions”(are(made.(The(failure(of(the(Forest(

Service(to(do(so(in(the(instant(case(must(be(remedied(and(an(opportunity(given(for(the(

creation(of(a(CWPP(that(is(allowed(time(to(prepare(an(alternative(to(the(proposed(project(or(

to(contribute(other(forms(of(input(that(it(deems(appropriate.((

The(cornerstone(of(NEPA(and(the(HFRA(is(a(Congressional(mandate(for(agency(

collaboration(with(local(governments(and(organizations(and(public(involvement(in(

decision@making(and(implementation.((In(relation(to(the(HFRA,(this(is(borne(out(by(its(

legislative(history(which(includes(the(Comprehensive(Strategy(and(10(Year(Plan.(The(main(

vehicle(for(satisfying(this(mandate(within(the(Act(is(the(involvement(of(CWPPs(in(the(

 

9 66 Fed. Reg. 753.

10 66 Fed. Reg. 751-777. 11 66 Fed. Reg. 753 -754. 12 66 Fed. Reg. 752.

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Page(4(of(10

decision@making(and(implementation(process.((This(fact(is(evident(from(several(sections(in(

the(act(itself(specifically(providing(for(and(encouraging(the(involvement(of(CWPPs.(

NEPA(requires(full(disclosure(of(pertinent(information(to(the(public(and(public(involvement(

on(all(projects(as(early(as(possible(and(to(the(fullest(extent(possible.(Thus,(In(order(to(

comply(with(the(spirit(and(intent(of(the(HFRA(and(NEPA,(the(HFRA(must(be(read(to(require(

the(A@S(FS,(to(the(fullest(extent(possible,(to(make(interested(parties(aware(of(the(

importance(of(the(CWPPs(to(the(planning(process(and(to(give(the(community(sufficient(time(

to(form(one(and(to(propose(its(own(plan(for(forest(restoration.(

There(is(no(mention(in(the(draft(EIS(of(any(attempt(by(the(A@S(FS(to(disseminate(

information(relating(to(CWPPs(to(the(public,(or(to(encourage(their(formation.(((The(draft(EIS(

summarizes(efforts(to(solicit(public(input(from(various(groups,(but(does(not(mention(

CWPPs.(Soliciting(public(input(in(any(form(is(commendable,(but(Congress(had(a(specific(

form(in(mind(when(it(created(the(HFRA.((Collaboration(being(a(key(element(of(the(HFRA,(

community(collaboration(is(a(key(element(of(a(CWPP.((It(is(one(thing(for(the(FS(to(assume(

the(role(of(collecting(individual(statements(of(public(input(from(various(citizens(or(groups,(

but(quite(another(for(the(community(to(get(together(to(form(its(own(recommendations(for(

alternative(action(and(present(them(to(the(Forest(Service.(

Since(CWPPs(are(such(a(significant(part(of(the(HFRA’s(compliance(with(Congress’(mandate(

to(involve(the(public(and(collaborate(with(local(agencies,(the(community(must(be(informed(

and(given(an(opportunity(to(create(a(CWPP(at(the(earliest(stages(of(the(planning(process.((

And,(HFRA(sec.(104(f)(and(the(Implementation(Plan(must(be(read(to(require(that(the(Forest(

Service(“facilitate”(this(process.((The(failure(to(promote(the(formation(of,(and(to(actively(

integrate(the(involvement(of(a(local(CWPP(by(the(Forest(Service(renders(this(project(fatally(

flawed(at(present(according(to(both(the(NEPA(and(HFRA.((This(can(only(be(remedied(by(

requiring(the(FS(to(disseminate(information(on(the(formation(of(a(CWPP(to(the(local(

community,(giving(the(community(an(opportunity(to(create(its(own(CWPP,(and(by(allowing(

that(CWPP(its(statutorily(mandated(input(into(the(project’s(planning(process(before(“key(

planning(decisions”(are(made.(

Large)Trees)

The(HFRA(requires(that(covered(projects(outside(of(old(growth(focus(“largely(on(small(

diameter(trees,(thinning,(strategic(fuel(breaks,(and(prescribed(fire(to(modify(fire(behavior,(

as(measured(by(the(projected(reduction(of(uncharacteristically(severe(wildfire(effects(for(

the(forest(type;”(and,(maximize(“the(retention(of(large(trees,(as(appropriate(for(the(forest(

type,(to(the(extent(that(the(large trees(promote(fire@resilient(stands.”13((

Less(than(3%(of(the(trees(on(Forest(Service(lands(in(Arizona(and(New(Mexico(is(larger(than(

16(inches(in(diameter;(less(than(2%(is(larger(than(18(inches(in(diameter(and(only(0.12%(is(

larger(than(29(inches.14(Therefore,(if(thinning(is(required,(the(largest(and(oldest(trees(

should(be(preserved(while(addressing(the(preponderance(of(small(trees.(

 

13 HFRA Section 102(f). 14 From U.S. Forest Service Forest Inventory and Analysis (FIA) data collected in 1999 under the Resource Planning 

Act. Complied and reported by the Southwest Forest Alliance. http://www.swfa.org/pr_2004/Big_Tree_paper.pdf. 

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Page(5(of(10

All(9”(dbh(plus(treatments(in(the(proposed(action(are(in(direct(conflict(with(this(HFRA(

requirement(to(retain(large(trees(as(is(the(proposal(to(take(trees(up(to(and(in(some(cases(

over(24”.((The(A@S(NF(has(stand(information((RMRIS(database)(that(could(be(used(to(

statistically(determine(the(number(of(large(trees,(grater(than(9”(dbh,(that(exist(in(the(

planning(area.(

Goshawk)and)Mexican)Spotted)Owl)

WildEarth(Guardians(is(very(troubled(that(the(Forest(Service(is(changing(its(management(of(

northern(goshawk(habitat(from(the(standards(and(guidelines(of(the(Apache@Sitgreaves

Forest(Plan((CFP).((On(February(23,(2007,(the(Forest(Service(completed(the(Implementation)

Guide,)Region)3,)Northern)Goshawk)Standards)and)Guidelines)(“New(Goshawk(Guidelines”(–(

USDA(2007),(which(significantly(changed(goshawk(habitat(management.(We(strongly(

disagree(with(any(attempt(to(follow(the(new(management(approach(to(goshawk(habitat(

and(site@specific(amendments(to(the(CFP.(

WildEarth(Guardians(is(also(concerned(about(the(Mexican(spotted(owl.(The(Forest(Service(

admitted(to(the(U.S.(Fish(and(Wildlife(Service((“FWS”)(in(an(October(2008(“Annual(Report”(

that(it(failed(to(monitor(spotted(owl(populations(as(required(and(likely(exceeded(allowable(

incidental(take.(Protected(Activity(Centers((“PACs”)(were(monitored(for(owl(occupancy(but(

not(reproduction.(According(to(the(Forest(Service,(personnel(and(funding(levels(never(were(

adequate(to(meet(the(monitoring(requirements(set(out(in(Term(and(Condition(3.1(of(the(

June(10,(2005(incidental(take(statement.(

On(April(17,(2009,(the(Forest(Service(requested(re@initiation(of(formal(consultation(on(

effects(of(implementing(the(CFP(on(Mexican(spotted(owl(and(its(critical(habitat.(According(

to(that(letter,(“[i]t(has(now(become(apparent(that(the(Forest(Service(will(likely(soon(exceed(

the(amount(of(take(issued(for(at(least(one(species,(the(Mexican(spotted(owl...”((“it(has(

become(apparent(that(the(Forest(Service(is(unable(to(fully(implement(and(comply(with(the(

monitoring(requirements(associated(with(the(Reasonable(and(Prudent(Measures(for(

several(species((including(MSO)(in(the([biological(opinion].”(The(FWS(accepted(the(Forest(

Service’s(request(and(reinitiated(formal(consultation(on(the(CFP(and(issued(a(new(

biological(opinion(and(incidental(take(statement(on(March(30,(2012.(

The(March(30,(2012(biological(opinion(and(incidental(take(statement(eliminates(the(

requirement(of(prior(take(statement(to(monitor(Mexican(spotted(owl(populations(

throughout(the(range(of(the(species,(and(replaced(it(with(a(much(more(modest(requirement(

to(monitor(and(report(take((defined(as(PAC(management)(rather(than(population(activities(

and(trends.(Compliance(with(new(terms(and(conditions(in(the(March(30,(2012(take(

statement(does(not(assure(that(the(Forest(Service’s(independent(obligation(per(the(Apache@

Sitgreaves(Forest(Plan(or(the(MSO(Recovery(Plan(to(monitor(spotted(owl(populations.((

Quantitative)Risk)Assessment)

We(request(that(the(Final(EIS(consider(a(quantitative(risk(assessment(that(would(clarify(

whether(or(not(managing(the(area(with(mechanical(thinning(treatments(is(the(best(

approach(for(risk(management.(Additionally,(there(are(often(severe(consequences(to(

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resources(associated(with(mechanical(thinning(which(could(be(avoided(with(a(more(

efficient(prescribed(burn(program.(We(request(that(the(Apache@Sitgreaves(National(Forest(

(A@S(NF)(consider(closing(or(at(very(least(resting(the(grazing(allotments(within(the(planning(

area(to(assure(that(costly(fuels(treatments(are(effective.(Unless(the(livestock(are(removed(

from(the(planning(area,(“ecological(functionality(of(fire([in](fire(adapted(ecosystems”(is(

practically(impossible(and(this(reality(must(be(addresses(in(an(Final(EIS.(

It(is(critical(that(the(Final(EIS consider(a(statistically@valid(risk((note(that(risk(in(this(context(

should(not(be(confused(with(hazard)(of(catastrophic(fire(as(well(as(the(required(

maintenance(schedule(and(costs(to(keep(that(risk(low(against(the(impacts(from(logging(on(

other(non@timber(resources(such(as(wildlife(viability,(soil(conditions(and(water(quality.(The(

transient(effects(of(treatments(on(fuels,(coupled(with(the(patchy(nature(of(fire,(greatly(limit(

their(potential(effectiveness.(As(a(result,(in(the(majority(of(treated(areas,(treatments(will(

only(have(negative(watershed(effects(without(providing(any(compensatory(benefits(from(

reduced(fire(severity.

Rhodes(and(Baker((2008)(provide(a(“framework(for(quantitatively(bounding(the(potential(

effectiveness(of(fuel(treatments(and(the(likelihood(of(fire(affecting(untreated(watersheds,(

based(on(the(probability(of(fire(and(the(duration(of(treatment(effects(on(fuels.”(For(example,(

Rhodes(and(Baker((2008)(estimate(the(probability(of(a(moderate(to(high(intensity(fire(in(

any(given(area(of(Southwestern(ponderosa(pine(forests(as(.0025%(per(year,(or(15%(over(60(

years. (Such(an(assessment(using(local(fire(risk(data(is(not(complicated;(the(equations(are(

provided(in(Rhodes(and(Baker((2008)(and(should(be(a(fundamental(component(of(the(Final(

EIS.(

Due(to(the(transient(effects(of(treatments(on(fuels,(because(of(natural(vegetative(regrowth,(

treatments(likely(will(have(to(be(repeated(over(time,(thereby(increasing(cumulative(effects(

and(fiscal(commitment,(which(must(be(accounted(for(in(an(Final(EIS.(For(instance,(“the(

treatment(of(20%(of(a(watershed’s(area(twice(over(a(twenty@year(period(contributes(as(

much(or(more(sediment(delivery(than(treating(40%(of(a(watershed(in(a(single(entry.”(

(Rhodes(2007).

Climate)Change)

With(climate(change(rapidly(affecting(established(paradigms,(it(is(important(that(the(A@S(NF

consider(the(possibility(that(any(expensive(management(actions(in(the(vegetated(lands(of(

the(planning(area(may(be(excessive.(Most(recent(uncharacteristic(fires(in(the(southwest(are(

due(more(to(weather(conditions(at(the(time(of(the(fire(than(to(fuel(conditions(and(this(fact(

should(be(recognized(by(the(A@S(NF.(Regardless(of(expensive(mechanical(thinning(

operations,(if(fires(occur,(as(they(do(more(and(more,(on(the(edges(of(the(“normal”(fire(

season,(when(conditions(are(hot(and(windy,(nothing(will(stop(uncharacteristically(large(

fires.

( (

It(is(important(and(required(that(the(Forest(Service(consider(the(effect(of(all(its(decisions(on(

climate(change.(The(Global(Climate(Change(Prevention(Act(of(1990,(especially(sections(

6701(b)5(and((c)3(requires(climate(change(effects(in(decision(making(and(alternatives(that(

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Page(7(of(10

mitigate(climate(change.15((Forests(are(critical(as(a(carbon(pool(in(the(global(balance(of(

greenhouse(gasses.(Most(accounts(tally(thinning(and(logging(as(a(source(of(carbon(in(the(

global(carbon(budget.(Depro(et(al.((2008)(calculated(that(if(all(timber(harvest(ceased(on(

national(forests,(the(rate(of(carbon(storage(on(those(lands(could(be(increased(by(an(average(

of(about(30(percent(over(the(next(five(decades,(compared(to(a(“business(as(usual”(scenario,(

including(stores(in(wood(products.(

Of(course,(the(release(of(any(greenhouse(gasses(through(logging(or(thinning(must(be(

considered(in(context(with(competing(objectives,(especially(in(this(case(where(reducing(the(

potential(for(uncharacteristic(fire(is(an(objective.((Although(there(are(a(great(variety(of(

methods(and(intensities(included(in(the(term(thinning,(“the(immediate(effect(of(all(of(them(

will(be(a(reduction(in(forest(carbon(stores(that(may(or(may(not(be(recovered(over(time”(

(Brown(2008,(Citations(omitted;(Selmants(et(al.(2008).(Rarely(does(an(entire(forest(area(

burn(completely(in(a(single(event,(statistically,(there(is(a(distribution(of(burn(severities(

within(a(fire(perimeter,(and(not(all(biomass(is(consumed(in(a(fire(resulting(in(a(complete(

transfer(of(carbon(to(the(atmosphere.((Deluca(and(Aplet(2008).(Therefore,(a(careful(

comparison(of(the(carbon(released(from(thinning(to(a(statistically@valid(set(of(burn(

scenarios(will(be(important(to(demonstrate(an(overall(benefit(in(terms(of(the(global(carbon(

budget.

Cumulative)Impacts)

Finally,(the(analysis(must(consider(cumulative(impacts(of(other(past,(present,(and(

reasonably(foreseeable(future(actions.(Cumulative(impacts(should(be(analyzed(without(

regard(to(land(ownership(boundaries(and(should(take(into(account(actions(of(other(

agencies(and(individuals.(See(40(CFR(1508.7(and(Forest(Service(Handbook(1909.15,(§15.(

Among(the(actions(that(should(be(taken(into(consideration(as(part(of(the(cumulative(impact(

analysis(are(past(logging(and(regeneration(within(and(near(the(analysis(area,(livestock(

grazing(and(the(current(condition(of(range(in(the(analysis(area((including(specifically(

potential(effects(on(regeneration),(and(road(construction(and(reconstruction.(

Past,(present,(and(future(projects(must(be(assessed(and(disclosed(in(the(analysis(and(should(

be(considered(at(least(at(the(level(of(the(larger(watershed(s).(The(planning(area(and(

surrounding(areas(have(been(heavily(logged(and(burned(in(wildfires(over(recent(decades,(

very(little(of(this(landscape(remains(unaffected.(This(fact(should(be(disclosed(and(the(effect(

on(forests(structural(stages(in(the(area(disclosed.

 

15 7 U.S.C. 701

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Page(8(of(10

We(request(that(you(please(consider(a(reasonable(alternative(that(does(not(include(any(

site@specific(forest(plan(amendments(nor(contemplate(any(new(road(construction(of(any(

type.(Thank(you(for(you(consideration(of(these(comments(on(the(Rim(Lakes(Forest(

Restoration(Project(DEIS.(

Sincerely,

Bryan(Bird

Wild(Places(Program(Director(

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Page(9(of(10

References

Brown(2008.(The(Implications(of(Climate(Change(for(Conservation,(Restoration,(and(

Management(of(National(Forest(Lands.(The(National(Forest(Restoration(Collaborative.(

2008.(Accessed(October(20,(2008(at(http://ewp.uoregon.edu/pdfs/ISE@forest@mgt@mch.pdf.(

DeLuca,(T.(H.,(and(G.(H.(Aplet.(2008.(Charcoal(and(carbon(storage(in(forest(soils(of(the(Rocky(

Mountain(West.(Frontiers(in(Ecology(and(Environment(6.(

Depro,(B.M.,(B.C.(Murray,(R.J.(Alig,(and(A.(Shanks.(2008.(Public(land,(timber(harvests,(and(

climate(mitigation:(Quantifying(carbon(sequestration(potential(on(U.S.(public(timberlands.(

Forest(Ecology(and(Management(255:(1122–1134.

Rhodes,(JJ.(and(W.L.(Baker.(2008.(Fire(Probability,(Fuel(Treatment(Effectiveness(and(

Ecological(Tradeoffs(in(Western(U.S.(Public(Forests. The(Open(Forest(Science(Journal(1:(1@7.

Rhodes,(J.J.(2007.((The(watershed(impacts(of(forest(treatments(to(reduce(fuels(and(modify(

fire(behavior.(Pacific(Rivers(Council.(Unpublished(Report.(Accessed(October(20,(2008(at(

http://www.pacrivers.org/verityStorage/Watershed%20Impacts%20of%20Forest%20Tr

eatments%20to%20Reduce%20Fuels%20&%20Modify%20Fire%20Behavior%5B1%5D.p

df

Romme(et(al.(2004.(Historical(and(Modern(Disturbance(Regimes,(Stand(Structures,(and(

Landscape(Dynamics(in(Piñon@Juniper(Vegetation(of(the(Western(U.S.(Published(by(the(

Colorado(Forest(Restoration(Institute,(Colorado(State(University,(Fort(Collins,(CO(

(www.cfri.colostate.edu),(June(4,(2008.

Schmidt,(K.M.,(J.P.(Menakis,(C.C.(Hardy,(W.J.(Hann,(and(D.L.(Bunnell.(2002.(Development)of)

coarseRscale)spatial)data)for)wildland)fire)and)fuel)treatment.(RMRS@GTR@87.(Ft.(Collins,(CO.(

41(pp.

Selmants,(P.C.,(Hart,(S.C.,(Boyle,(S.I.,(Gehring(C.A.,(and(B.A.(Hungate.(2008.(Restoration(of(a(

ponderosa(pine(forest(increases(soil(CO2(efflux(more(than(either(water(or(nitrogen(

additions.(Journal(of(Applied(Ecology(45:(913–920.

USDA(Forest(Service.(2008.(Annual)Report)Covering)the)Period)June)10,)2005)–)June)10,)2007,)

Programmatic)Biological)Opinion)on)the)Land)and)Resource)Management)Plans)for)the)11)

National)Forests)in)the)USDA)Forest)Service)Southwestern)Region.(Albuquerque,(NM.(

October.(110(pages.

_____.(2007.(Implementation)Guide,)Region)3,)Northern)Goshawk)Standards)and)

Guidelines.(Southwestern(Region:(Albuquerque,(NM.(

_____.(2006.(Final)Supplement)to)the)Final)Environmental)Impact)Statement)for)Amendment)of)

Forest)Plans,)Arizona)and)New)Mexico.(Southwestern(Region:(Albuquerque,(NM.(

_____.(1996a.(Final)Environmental)Impact)Statement)on)Amendment)to)Forest)Plans.(

Southwestern(Region:(Albuquerque,(NM.(

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Page(10(of(10

_____.(1996b.(Record)of)Decision)on)Amendment)to)Forest)Plans.(Southwestern(Region:

Albuquerque,(NM.(

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FEIS for the Rim Lakes Forest Restoration Project 343
November 9, 2012 

Dee Hines 

Apache-Sitgreaves National Forests 

Black Mesa Ranger District 

P.O. BOX 968 

Overgaard, Arizona 85933 

RE: Draft Environmental Impact Statement for the Rim Lakes Forest Restoration Project 

Dear Dee, 

The Arizona Game and Fish Department (Department) appreciates the opportunity to provide 

input on the Draft Environmental Impact Statement for the Rim Lakes Forest Restoration Project 

(DEIS) dated September, 2012. Restoration of Arizona’s forests is of paramount importance, and 

the Department strongly supports the Forest Service’s efforts to restore forest conditions that 

protect Arizona’s communities, watersheds, and wildlife habitats. The Department recognizes 

the vulnerability of the Rim Lakes area to a catastrophic fire event, the great need to restore 

wildlife habitat within the project area, and acknowledges that time is of the essence. 

The Department further appreciates the early and ongoing efforts by the Black Mesa Ranger 

District (District) to work collaboratively with the Department and others, including the White 

Mountain Stewardship Multi-Party Monitoring Board, the Natural Resources Working Group, 

and more recently, the 4FRI Stakeholders Group. Particularly, the recent visits in July and 

August of 2012 to the project area by these groups and District personnel provided a venue for 

constructive discussions, exchanges of ideas, better understanding of wildlife related forest 

restoration objectives and potential treatments, and the finding of common ground. Such effort 

by the District at collaboration is a model for future projects and should continue into the 

implementation and monitoring phases of the Rim Lakes Forest Restoration Project. 

The DEIS disclosed the effects of a proposal to treat vegetation in a 33,500-acres project area on 

the Black Mesa Ranger District within the Apache-Sitgreaves National Forests. Two action 

alternatives (alternative B and alternative C) were analyzed along with the no action alternative 

(alternative A). The proposed action (alternative B) would selectively cut trees and then 

broadcast burn on approximately 23,615 acres. Alternative C is identical to alternative B in 

location and treatment, except that alternative C includes a diameter size limit so that only trees 

less than 16 inches diameter at breast height (dbh) would be included in the cutting and removal.

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Arizona Game and Fish Department 11/9/2012 

DEIS Rim Lakes Forest Restoration Project Page 2 

The Department supports forest restoration projects that emphasize the removal of smalldiameter ponderosa pine trees, which have grown over the past century to unsustainable 

densities, resulting not only in a profound risk of catastrophic wildfire, but also in significantly 

degraded wildlife habitats. Within the project area, there is also a deficit of older and largerdiameter trees and the habitat components which such trees provide. Retention of pre-settlement 

trees is also an essential objective of a forest restoration project. Cutting of pre-settlement trees 

should be avoided except in rare cases where human safety is at risk or where removal of the tree 

is necessary to avoid further habitat degradation. 

That having been said, the Department does not support project-wide caps or limits on the 

diameter of trees to be cut. The Department recognizes that there are instances, such as those 

identified in the collaboratively developed 4FRI stakeholders Large Tree Retention Strategy, 

where young large trees need to be cut in order to achieve restoration objectives. Alternative C, 

with a 16 inch dbh cutting limit, would restrict the ability of the Forest to more fully restore 

important wildlife habitats within the project area. 

Below are additional specific comments on the DEIS. 

 Avoid even aged management at the tree group level (VSS 3-6). When treating within 

VSS categories 3-6, strive to maintain maximum diversity of tree size/age classes. 

 Meadow and riparian enhancement are important components of this restoration project. 

The Department acknowledges that where necessary to achieve meadow and riparian 

restoration objectives, large post-settlement conifers should be removed. 

 The Department strongly supports efforts to retain and increase the vigor and diversity of 

tree species such as oak, aspen, and maple. Healthy, productive populations of Gambel’s 

oak are essential for many wildlife including MSO, bears, turkey, songbirds, and bats. 

Aspen stands harbor higher wildlife species diversity relative to surrounding conifer 

forests. Stands of maple, which are relatively rare within the Sitgreaves National Forest, 

provide similar wildlife benefits and should be favored during project implementation 

similarly to the small inclusions of aspen stands. 

 The DEIS discusses tree characteristics considered when choosing leave-trees. Trees with 

“nondesirable characteristics” or “poor formed” trees are identified as trees that should 

rarely be designated as leave-trees. Although historic high grade cutting within the 

project area may have resulted in a higher proportion of ponderosa pine trees with 

undesirable qualities from a timber production standpoint, these trees did exist on the 

landscape historically and do add to wildlife habitat diversity, providing important habitat 

components. Especially within VSS 4-6 tree groups, the benefits that such trees provide 

to wildlife should be considered when deciding whether to retain or cut. 

Again, the Department fully supports forest restoration in general and the Rim Lakes Forest 

Restoration Project in particular. We urge the District to continue to work collaboratively with 

the Department as well as other stakeholders throughout the implementation and monitoring 

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DEIS Rim Lakes Forest Restoration Project Page 3 

phases of this project. If you have any questions or need further clarification, please do not 

hesitate to contact me at 928-367-4281 or ddorum@azgfd.gov. 

Sincerely, 

David Dorum 

Habitat Program Manager, Region I 

cc Jon Cooley, Region I Supervisor 

Laura Canaca, Projects Evaluation Program Supervisor 

Sent electronically 

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Tucson • Phoenix • San Francisco • San Diego • Los Angeles • Joshua Tree • Silver City • Portland • Washington, DC 

P.O. Box 710 • Tucson, AZ 85702-0710 tel: (520) 623.5252 fax: (520) 623.9797 www.BiologicalDiversity.org

CENTER Because life is good. for BIOLOGICAL DIVERSITY

Via Web 

November 13, 2012 

Dee Hines 

Black Mesa District Ranger 

P.O. Box 968 

Overgaard, AZ 85933 

Email: comments-southwestern-apache-sitgreaves-black-mesa@fs.fed.us

RE: Rim Lakes Project Draft Environmental Impact Statement 

This letter supplies comment from the Center for Biological Diversity (“Center”) on the 

draft environmental impact statement (“DEIS”) for the Rim Lakes Forest Restoration Project 

(“project”). On April 30, 2012, the Center commented in response to the notice of intent 

(“NOI”). 77 Fed. Reg. 18997-99 (March 29, 2012). On October 11, 2011, the Center objected 

to the preferred alternative in the August 2011 environmental assessment (“EA”). 

To date, analysis for this proposed action was documented in an environmental 

assessment that underwent an objection period in September 2011. After reviewing 

objections, the Apache-Sitgreaves National Forests supervisor elected to document the 

analysis in an environmental impact statement (EIS). The forest supervisor also elected to 

include an amendment to the forest plan as part of the proposed action in order to achieve 

project restoration objectives and to assure consistency with the “Apache-Sitgreaves 

National Forests Land and Resource Management Plan.”

DEIS at iii (summary). The EA drew only one objection.1

 The DEIS responds to that objection 

and supplements the administrative record preceding the NOI. The Center incorporates its 

objection here by reference. 

Alternatives 

The Forest Service claims Healthy Forest Restoration Act (“HFRA”) authority for the 

project. 77 Fed. Reg. 18997 (March 29, 2012); also see DEIS at iii (“The Rim Lakes Forest 

Restoration Project is authorized under the Healthy Forest Restoration Act (HFRA) of 2003”). 

HFRA requires compliance with the National Environmental Policy Act (“NEPA”). 16 U.S.C. § 

6514; 42 U.S.C. 4321. 

Informed study of alternatives allows comparison of significant issues and provides the 

decision-maker and the public with a choice of action. 40 C.F.R. § 1502.14. “The existence of a 

 

1

 The Center filed the only objection to the preferred alternative in the September 2011 Rim Lakes EA. 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 351
Center for Biological Diversity comment on Rim Lakes DEIS 2

viable but unexamined alternative renders an environmental impact statement inadequate.” 

Natural Resources Defense Council v. U.S. Forest Service, 421 F.3d 797, 813 (9th Cir. 2005); 

also see Bob Marshall Alliance v. Hodel, 852 F.2d 1223, 1229 (9th Cir. 1988) (alternatives 

required where unresolved conflicts regarding proper use of resources exist). Agencies cannot 

define a purpose and need so slender that reasonable alternatives are excluded. City of CarmelBy-The-Sea v. U.S. Dept. of Transp., 123 F.3d 1142, 1155 (9th Cir. 1997); also see Simmons v. 

U.S. Army Corps of Engineers, 120 F.3d 664, 666 (7th Cir. 1997) (“One obvious way for an 

agency to slip past the strictures of NEPA is to contrive a purpose and need so slender as to 

define competing reasonable alternatives out of consideration (and even out of existence)”). 

“The court begins by determining whether or not the Purpose and Need Statement was 

reasonable.” Westlands Water Dist. v. U.S. Dept. of Interior, 376 F.3d 853, 865 (9th Cir. 2004). 

The inquiry asks if “selection and discussion of alternatives fosters informed decision-making 

and informed public participation.” California v. Block, 690 F.2d 753, 767 (9th Cir. 1982). 

HFRA authorizes the Forest Service to limit alternatives to: 

 The proposed agency action. 

 No action. 

 An alternative that: 

 Is proposed by the public “during scoping or the collaborative process,” and 

 Meets the purpose and need for action. 

16 U.S.C. § 6514. In the 2011 EA, the Forest Service studied its proposed action, an alternative 

of no-action, and “Alternative C,” which would limit tree cutting to less than 16-inches diameter, 

because the Center proposed it in scoping. See EA at 16 (attributing “large tree” issue to public 

comment); 23 (“Alternative C responds to issue 1”). 

. 

 The NOI reopened scoping on the project. 77 Fed. Reg. 18997 (March 29, 2012). The 

Center responded on April 30, 2012, “The Rim Lakes Project area currently hosts an excessively 

high density of roads,” and, “The Forest Service is aware that current road densities in the project 

area exceed forest plan standards.” The Center had made the same comment before. 

New road construction and opening 185 miles of closed (“Level 1”) roads may cause 

significant cumulative effects to watershed functions and wildlife habitat. The Center asked the 

Forest Service to study an action alternative that would meet the purpose and need by focusing 

vegetation treatments “around existing open roads.” The project area has 283 miles of road. 

DEIS at 194 (Table 79). Road density in the project area is extreme. Id. 194-195 (Table 80). 

The Forest Service states in the DEIS on page v (summary), “Although several issues 

were raised during this scoping period—in particular the human health effects of smoke from 

prescribed burning—none rose to the level of a significant issue and, therefore, no new 

alternatives were developed in detail (see page 31 for how a “no burn” alternative was 

considered).” The DEIS does not acknowledge cumulative effects as a significant issue, let 

alone consider an alternative that would forego new road construction. See DEIS at 30-32 

(alternatives considered but eliminated). An alternative that would obey Forest Plan standards 

for road density is reasonable. The Forest Service admits that the two action alternatives studied 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 352
Center for Biological Diversity comment on Rim Lakes DEIS 3

in detail would impact soil and watershed resources the same. See id. at 200 (impact to soils); 

202 (water quality); 206 (riparian/stream condition); 207 (“both alternatives B and C were 

relatively equal in cumulative effects”); 233-236 (engineering and transport). 

The DEIS tells two different stories about scoping and alternatives. Above, it states, 

“Scoping for development of this environmental impact statement began with publication of a 

notice of intent in the Federal Register on March 29, 2012.” DEIS at v (summary). Elsewhere, it 

states that scoping began in 2008: 

As a result of public comment in 2008 and additional analysis, the proposed action was 

modified as allowed by 36 CFR 220.7(b)(2)(iii), which states that “the description of the 

proposal and alternative(s) may include a brief description of modifications and 

incremental design features developed through the analysis process to develop the range 

of alternatives considered.” See Project Record 84, pages 16-17 for the list of 

modifications.

DEIS at 15. Either way, the Forest Service takes credit for accepting public comment, and 

associates the project with the Four Forest Restoration Initiative (“4FRI”). Id. at 12. 

Collaboration with the 4FRI stakeholders on the Rim Lakes Project apparently preceded certain 

field trips held earlier this year. 

 The Forest Service wants credit for collaboration under 4FRI, but refuses to consider 

reasonable alternatives as collaboration demands. The 4FRI stakeholders collaboratively 

developed a Large Tree Retention Strategy (“LTRS”) that does not rely on a strict diameter-limit 

to address the significant issue of large trees.2

 The LTRS is an “agreement-based outcome and 

product” recognizing that “translation of such agreement greatly enhances chances for success, 

and reduces the risk of conflict,” and it defines the “social license” for ecological restoration 

requested by the Southwestern Regional Forester. Nonetheless, the Forest Service ignores this 

reasonable alternative even though it meets the purpose and need, and responds to the large tree 

issue differently from Alternatives B and C. 

The LTRS is especially relevant to the Rim Lakes Project. The Forest Service has 

repeatedly stated that 4FRI implementation funds may be spent here.3

 “Collaboration with the 

4FRI collaborative group most recently included two field trips to discuss the alternatives and 

view sample marking prescriptions on July 23 and August 2, 2012.” DEIS at 12. 

The LTRS on page 4 identifies “The Path Forward” as a “foundational document of the 

4FRI.”4

 According to The Path Forward, 

 

2

 The March 11, 2011 “Old Growth Protection and Large Tree Retention Strategy” for the 4FRI is 

attached to this letter for convenience. Stakeholders finalized the LTRS too late for it to have reasonably 

been considered by the Forest Service as an action alternative in the 2011 Rim Lakes EA. However, the 

public proposed it, and the agency possessed it, long before the NOI re-opened scoping on the project. 

3 See attached spreadsheet “4fri_projects_1_3_12.xlsx”created by the Forest Service describing the Rim 

Lakes Project among many that the agency considers to be eligible for 4FRI implementation funds. 

4

 The March 24, 2010 “The Path Forward” document is attached to this letter for convenience. 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 353
Center for Biological Diversity comment on Rim Lakes DEIS 4

The group has agreed to a large tree retention strategy that is not based on a strict 

diameter cap. Large trees in the ponderosa pine forest type, defined by the socio-political 

process as those greater than 16” diameter at breast height (>16” dbh), shall be retained 

throughout the 4FRI landscape except as described below. Large trees may be 

cut/removed: 1) as necessary to meet community protection and public safety goals 

within the Community Protection Management Areas identified in the Analysis of Small 

Diameter Wood Supply in Northern Arizona and where stakeholder agreement identifies 

priority areas within approved [Community Wildfire Protection Plans – “CWPPs”]; or 2) 

when best available science and stakeholder agreement (as defined in the 4FRI Charter) 

identify sites where ecological restoration and biodiversity objectives cannot otherwise be 

met – specifically wet meadows, seeps, springs, riparian areas, encroached grasslands, 

aspen groves or oak stands, within-stand openings, and heavily stocked stands with high 

basal area generated by a preponderance of large, young trees. As part of broader 

research efforts, the ecological and social aspects of this large tree retention strategy 

coupled with limited site-specific removal needs will be examined during the 

development of the Proposed Action and the site-specific NEPA analysis and through 

stakeholder-guided research. 

The Path Forward at 4 (emph. added). Both the LTRS and The Path Forward provide for 

removal of large trees >16-inches diameter in forest restoration treatments to create “withinstand openings,” reduce density of “heavily stocked stands with high basal area,” and address 

other site-specific needs for vegetation treatment that maintain or restore uneven-aged forest 

structure. The LTRS is particularly specific in “identifying circumstances, ecological objectives 

and selection criteria for instances in which large post-settlement trees may be cut to meet 

restoration objectives,” and it proposes a procedure for “collaborative discussion and planning 

that we hope will bolster restoration efforts by increasing confidence and knowledge-sharing, 

maximizing agreement and minimizing disagreement” regarding the uniquely complex and 

challenging “exception category” of “Heavily Stocked Stands with High Basal Area Generated 

by a Preponderance of Large Young Trees” (“LYT”). LTRS at 9. It acknowledges that “In 

stands where pre-settlement evidences, restoration objectives, community protection, or other 

ecological objectives indicate much lower tree density and [basal area – “BA”] would be 

desirable, large post-settlement pines may need to be removed to achieve post-treatment 

conditions consistent with a desired restoration trajectory,” and it outlines “Ecological 

Objectives” that inform large tree removal in those site-specific contexts.5

 Id. at 24. Those 

objectives are consistent with the purpose and need for the project. See DEIS at 3-6. 

To promote “Within-Stand Openings,” the LTRS provides that “Large (>16” dbh) postsettlement ponderosa pine trees may be removed to restore the unique biophysical attributes of 

within stand openings according to these criteria,” including “(2) Where desired openings are 

tentatively identified as ≥0.05 acre...” LTRS at 23. Those provisions contrast sharply with 

 

5

 The three Ecological Objectives informing removal of large trees >16-inches diameter in the LYT 

category include: (1) “Restore natural heterogeneity of forest, savannah and grasslands at the landscape 

scale”; (2) “Restore natural heterogeneity within stands”; and (3) “Break up canopy fuel continuity to 

reduce the probability of torching and crowning [fire behavior] and restore herbaceous fuel continuity to 

carry surface fire.” LTRS at 24. 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 354
Center for Biological Diversity comment on Rim Lakes DEIS 5

Alternative B, which would amend the Forest Plan to remove the existing prohibition on created 

openings larger than four acres in northern goshawk habitat. See DEIS at 28. An alternative 

based on the LTRS could address the “desired condition” for more extensive openings in the 

project area, but would do so differently from Alternatives B and C. This would afford the 

decision-maker and the public a basis to compare effects on forest vegetation (uneven-aged 

structure) and wildlife habitat (canopy cover), and it would not require any plan amendment. 

 The 4FRI collaborative process offers the Forest Service an unprecedented opportunity to 

accelerate implementation of landscape-scale ecological restoration supported by broad social 

agreement. The agency emphasizes the importance of social license in its proposal to authorize 

4FRI as a Collaborative Forest Landscape Restoration Project (“CFLRP”), stating: 

The 4 Forest Restoration Initiative (4FRI) is an outgrowth of nearly a decade of 

collaborative efforts and analyses focused on accelerating forest restoration in northern 

Arizona. The central theme of these activities has been the broadly-recognized need to 

accelerate forest restoration and to shift restoration and management efforts from a short 

term, project-by-project basis to an integrated, landscape-scale program. After years of 

gridlock, resulting from intense disagreement over the direction of forest management, 

there is now an opportunity to move forward with accelerated, landscape-scale restoration 

at an unprecedented pace and scale. The current social support for landscape-scale 

restoration in northern Arizona presents an historic opportunity that should be recognized 

and acted upon immediately. 

CFLRP 4FRI Proposal at 2. Given the enormous commitment of stakeholder time and energy to 

collaborative development of the Large Tree Retention Strategy and Forest Service emphasis on 

“agreement-based” outcomes in forest restoration, it is entirely reasonable for the agency to 

study and describe it as an alternative in the Rim Lakes Project. Its omission from the DEIS is 

noticeable to all stakeholders. 

A Memorandum of Understanding (“MOU”) between the Forest Service and the 4FRI 

Stakeholders, including the Center, describes the agency’s role in the planning process.6 

A. Work directly with parties at all phases of the NEPA process, seeking their input and 

agreement on: the purpose and needs statement, alternatives, collection and use of data, 

regarding mitigation of environmental impacts (CEQ Handbook, p. 13); 

B. Strive to accommodate the agreement-based outcomes and products of the 

collaborative process within 4FRI, recognizing that translation of such agreement greatly 

enhances chances for success, and reduces the risk of conflict; 

C. Establish long term restoration strategies to ensure that restoration is comprehensive, 

science-based, consistent, and coordinated between successive landscape-scale 

restoration projects; and 

 

6

 The February 22, 2011 “Memorandum of Understanding Between the 4 Forest Restoration Initiative 

(4FRI) Collaborative Stakeholder Group Representatives and the U.S. Forest Service Apache-Sitgreaves, 

Coconino, Kaibab and Tonto National Forests” (FS Agreement No. 10-MU-11031600) is attached to this 

letter for convenience. 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 355
Center for Biological Diversity comment on Rim Lakes DEIS 6

D. Develop and/or maintain long-term contracts and or agreements that support 

appropriately-scaled industry involvement. 

MOU at 4. It further explains the agreed-upon expectations of agency-community collaboration 

in the NEPA process for 4FRI projects: 

The U.S. Forest Service and the 4FRI Collaborative will work together through all phases 

of the NEPA process potentially including the framing of the issues, the development of a 

range of reasonable alternatives, the analysis of impacts, and the identification of the 

preferred alternative up to, but not including, the agency's final decisions made by the 

relevant Line Officer (CEQ Handbook, p. 13); 

Id. at 4 (emph. added). Unfortunately, the Forest Service appears to want 4FRI money to 

implement the Rim Lakes Project without observing the agreements and procedures it agreed to 

with the stakeholders. The agency clearly has not worked with the Center or anyone else to 

frame the purpose and need for action or the range of alternatives. Collaboration and the LTRS 

are mere after-thoughts in the Forest Service’s single-minded push to create “desired conditions” 

in the project area that are inconsistent with the Forest Plan, and in all likelihood will miss the 

historic opportunity to do large-scale restoration treatments without controversy or gridlock. 

The Forest Service has not “facilitated collaboration” on the project. 16 U.S.C. § 

6514(f). Meaningful public participation includes issue definition, site selection, treatment 

prioritization and resource allocation by collaborating stakeholders. The collaboration required 

by HFRA must extend beyond insular meetings of the Forest Service interdisciplinary team and 

public comments on proposed actions and impact statements. 

Large tree conservation, as outlined in the LTRS, is a reasonable alternative for the Rim 

Lakes Project because it: 

 Meets the purpose and need of fire hazard reduction more effectively than the 

proposed action (Alternative B). 

 Promotes recovery of old growth forest structure and function, which is currently 

deficient in the project area, by avoiding adverse cumulative impacts that result from 

large tree removal. 

 Mitigates short-term adverse impacts to sensitive wildlife that would result from 

creation of large forest openings and significantly reduced canopy cover under 

Alternative B. 

Each of the above points is explained infra: 

(1) Large tree conservation meets the purpose and need 

Management of the arrangement and volume of surface fuels and small trees that connect 

surface fuels vertically with canopy fuels is effective at minimizing potential fire intensity 

(Graham et al. 2004, Graham et al. 1999). Some advocates have asserted that removing large 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 356
Center for Biological Diversity comment on Rim Lakes DEIS 7

trees reduces canopy bulk density and lessens fire resistance-to-control in extreme weather 

(Abella et al. 2006). However, to assess fuel treatment effects on the likelihood of canopy fire 

initiation and spread (i.e., passive and active crown fire) the analysis must also consider (1) 

surface fuel loading and arrangement, (2) canopy base height and (3) local topography (Graham 

et al. 2004, Hunter et al. 2007, Van Wagner 1977). The DEIS ignores these factors. The former 

two factors can be actively managed in ponderosa pine and mixed conifer forests to significantly 

decrease the likelihood of crown fire initiation and spread without resort to large tree removal 

(Fielder and Keegan 2002, Omi and Martinson 2002, Perry et al. 2004, Pollet and Omi 2002). 

Research demonstrates no advantage in fire hazard mitigation after thinning treatments 

remove trees in all size classes compared to treatments that retained trees larger than 16-inches 

diameter. Treatments simulated with the same Forest Vegetation Simulator software applied in 

this project analysis that only removed trees smaller than 16-inches diameter were more effective 

at reducing long-term fire hazard than comprehensive treatments (Fiedler and Keegan 2002). 

Thinning small trees and pruning branches of large trees to increase their crown base height 

significantly decreased the likelihood of canopy fire initiation and crowning behavior (Graham et 

al. 2004, Perry et al. 2004). Low thinning and underburning to reduce surface fuels and increase 

canopy base height at strategic locations effectively reduces fire hazard at a landscape scale and 

meet the purpose and need for action (Finney 2001). 

Conservation of large trees is fundamentally important to restoration of fire-adapted 

forest ecosystems and meeting the purpose and need (Brown et al. 2004, DellaSala et al. 2004). 

Large ponderosa pine and Douglas-fir trees possess autecological characteristics such as 

relatively thick bark and insulated buds that promote resistance to heat injury (Arno 2000, 

Weaver 1951). Self-pruning mature ponderosa pines feature high branch structure and open 

canopies, which discourage torching behavior (Keeley and Zedler 1998). Finally, mature 

ponderosa pines have a high capacity to survive and recover from crown scorch (McCune 1988). 

Thus, the existence of large tree structure enhances forest ecosystem resilience to wildland fire 

(Arno 2000, Pollett and Omi 2002), whereas removing them undermines resilience (Brown et al. 

2004). 

(2) Large tree conservation avoids significant cumulative effects 

Large trees are the most difficult of all elements of forest structure to replace once they 

are removed (Agee and Skinner 2005). Further, large trees are not particularly abundant at any 

spatial scale in the Southwestern Region (USDA 1999, 2007a; USDI 1995). The ecological 

significance of old-growth forests and large trees is amply documented, whereas a scientific 

basis for logging large trees for purposes of fuel reduction or forest restoration is lacking (Allen 

et al. 2002, Friederici 2003, Kaufmann et al. 1992). Large tree removal is not necessary or 

beneficial to restoration of fire-adapted forests (Falk et al. 2006), but their conservation is 

centrally important to restoration (Brown et al. 2004, DellaSala et al. 2004). 

In addition to their general rarity within the project area and across the landscape, a 

variety of factors other than logging threatens the persistence of remaining large trees in 

southwestern conifer forests. Prescribed fire treatments can injure exposed tree roots that have 

migrated into accumulated duff layers and cause high levels of post-treatment mortality among 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 357
Center for Biological Diversity comment on Rim Lakes DEIS 8

large trees (Sackett et al. 1996). Burning of pine stands with high surface fuel loading also can 

produce high fireline intensities and result in large tree mortality due to cambial injury by heat 

(Hunter et al. 2007). Prescribed fire treatments also may render large trees susceptible to delayed 

bark beetle infestation (Wallin et al. 2003). In addition, large tree mortality has indirectly 

resulted from mechanical thinning activities (Hunter et al. 2007). Large snags and downed logs 

that supply critical habitat for primary and secondary cavity-nesting species also may be 

destroyed by fuel treatments (Hunter et al. 2007). Prescribed fire may create new coarse woody 

structure by killing live trees, but any gain in new snags or downed logs as a result of fire 

treatments generally does not offset their loss, as existing coarse wood is irretrievably lost 

(Randall-Parker and Miller 2002). 

McHugh and Kolb (2003) describe unplanned and prescribed fire effects on ponderosa 

pine forest structure in northern Arizona reflecting a “U-shaped” tree mortality curve in which 

mortality was lowest among trees sized 30 – 60 centimeters (“cm”) (approx. 12” – 24”) diameter, 

and highest among the smallest trees as well as in the 75 – 80 cm (~29.5” – 31.5”) diameter 

(Figure 3). Resistance to fire-induced mortality was greatest among trees sized 35 – 75 cm 

diameter. Mortality effects 

occurred despite relatively uniform 

“crown damage” across tree size 

classes, indicating that cambial 

injury and root scorch fire effects 

were most significant among the 

smallest and largest trees, whereas 

intermediate-sized trees were 

relatively uninjured and may have 

benefited from the disturbance 

(McHugh and Kolb 2003). The 

large tree conservation alternative 

would best maintain trees that are 

most likely to survive fire injury 

and supply recruitment structure 

that will support deficient old 

growth forest structure in the 

future. 

(3) Large tree conservation mitigates effects to wildlife 

If reduction of crown bulk density within clumps and stands of mature ponderosa pine is 

necessary to meet the purpose and need for action, then it is unlikely that the project will 

maintain habitat for sensitive wildlife associated with closed-canopy forest, such as northern 

goshawk and red squirrel. Large tree removal would reduce forest canopy and diminish 

recruitment of large snags and downed logs, which in turn affects long-term forest dynamics, 

stand development and wildlife habitat suitability. Large tree recruitment will become more 

limiting over time as climate change imposes chronic drought and more widespread tree 

mortality (Diggins et al. 2010, Seager et al. 2007, van Mantgem et al. 2009, Williams et al. 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 358
Center for Biological Diversity comment on Rim Lakes DEIS 9

2010). The DEIS overlooks this fact in its analysis of tree growth response to proposed 

treatments. 

Purpose and need 

 The Forest Service defines the purpose and need for the project so narrowly that only one 

action alternative – Alternative B – will meet it. See DEIS at 3 (describing purpose and need to 

move stand densities to “desired conditions”); 33-36 (Table 7 comparing effects of alternatives 

relative to “desired condition”); 45 (“Alternative B makes rapid progress in moving stand 

structures and other forest conditions toward desired conditions, compared to no change in 

current conditions (alternative A), and much more effectively than alternative C”). Desired 

conditions frame agency definition of “reasonable” alternatives and form the basis of impact 

comparison. 

“Desired conditions relevant to this project relate to forest health and ecosystem function 

and resiliency, as defined in the Apache-Sitgreaves forest plan.” Id. at 3. However, the “general 

desired conditions” contain many items and concepts that are not in the Forest Plan.7

 See id. at 5 

(“The desired condition includes open grass–forb–shrub interspaces totaling 20 percent of the 

area of each stand. This condition also includes canopy gaps for regeneration of small trees (less 

than 5 inches in diameter) totaling up to another 20 percent of the area of each stand”); id. (“In 

conifer forests, a distribution of age classes would comprise a sustainable balance of structural 

stages (see page 8), meet general forest plan guidelines, and be consistent with the proposed 

forest plan amendment for this project”); 6 (“Forest canopy gaps and interspaces would be 

dynamic. The intent of the interspaces is for them to remain open over time, recognizing that 

natural vegetation development would allow some of them to develop into new tree 

groups/patches”); id. (“In this desired condition, managed uneven-aged stands would be less than 

45 percent of maximum stand density index”). The Forest Plan contains no “desired condition” 

of “open grass-forb-shrub interspaces totaling 20 percent of the area of each stand,” nor does it 

pinpoint “45 percent of maximum [SDI]” as a target for uneven-aged stand management. Both 

are unique conventions in the Rim Lakes DEIS and achievement of those desired condition 

requires a plan amendment that only applies to Alternative B. See id. 26-28. 

 The Forest Service makes clear that has no interest in selecting any alternative other than 

its proposed action, which is designed to implement new policies of the Southwestern Regional 

Office that are not consistent with the Forest Plan. It foreshadows the outcome of the NEPA 

process in discussion of “Alternatives that Limit Treatment to a Specific Diameter,” casting all 

such vegetation treatments as “even-aged,”8

 and stating that they “would only partially meet the 

 

7

 The Apache-Sitgreaves Forest Plan allocates 98 percent of the Rim Lakes Project area to Management 

Area 1 (Forested Lands). See DEIS at 10 (Table 1). “The management emphasis for MA-01 is to 

emphasize a combination of multiple uses including sustained yield of timber and firewood production, 

wildlife habitat, livestock grazing, watershed condition, and dispersed recreation.” Id.; also see Forest 

Plan at 95-113 (standards and guidelines). 

8

 The Silviculture Specialist Report on page 12 defines “even-aged” as “pertaining to a stand composed of 

a single age class in which the tree ages are within ±20 percent variability based upon the mature stand 

age (SAF 1998)”; also see DEIS at 43 (same). 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 359
Center for Biological Diversity comment on Rim Lakes DEIS 10

purpose and need of improving forest health or reducing the risk of uncharacteristic fire, with 

limited longevity. Movement toward the desired conditions for forest heath, vegetation 

structure, fuels, and wildlife habitat would be limited and short term.” Id. at 30; also see id. 33 

(“Uneven-aged stands (55%) moved toward an even-aged structure ...”); 46 (“[I]mplementation 

of this alternative in existing uneven-aged stands would result in homogenization of forest 

structure such that stands would become single or two-aged after treatment...”) (emph. added). 

In its zeal to dismiss Alternative C, the Forest Service misuses its own definition of 

“even-aged,” and inaccurately states that all uneven-aged forests treated with diameter-limited 

tree cutting will become even-aged. In fact, 

A two-storied stand, one with two distinct age class and diameter distributions, is neither 

even or uneven-aged, but is intermediate between the two. Stratified mixtures occur 

where trees are essentially even-aged, but differences in growth rates and shade tolerance 

among tree species result in multiple canopy strata. This structure also occurs when 

selective regeneration of shade tolerant species or high site productivity leads to 

heterogeneous age and diameter distributions. In much of the mixed-conifer type in the 

Southwest, the stratified-mixture of stand structure appears to be relevant to habitats used 

by spotted owls. 

USDI (1995: 69). Two-aged stands do not satisfy the definition of even-aged, and the passage 

quoted above makes clear that “two-storied stands” comprise suitable habitat for threatened birds 

that nest and roost in multi-storied forest. Indeed, even under Alternative B, which would 

remove trees of all size classes, “Application of the group selection method could provide a 

mosaic of many small even-aged or two-storied groups across a forest stand.” Id. at 70. The 

DEIS fails to quantify the number of uneven-aged stands where diameter limited tree cutting 

would “homogenize” forest structure such that only “a single age class” would remain following 

implementation of Alternative C. It likewise fails to explain how group selection cuts in 

Alternative B would avoid creating even-aged or “two-aged” forest. See AGFD (2007) 

(“Managing tree groups by VSS class comes across as even-aged tree group management”). 

Tellingly, Figure 6 on page 17 of the Silviculture Specialist Report9

 displays “Moderate 

stand density adjacent to the project area (thinned from below to 16” diameter, all trees have 

been removed under 10 inches to meet density and fuel hazard reduction objectives)” (emph. 

added). The photo does not show a forest transformed to an even-aged condition by diameterlimited tree cutting so much as it demonstrates that the Forest Service elected to create even-aged 

forest structure by removing “all trees” under 10-inches diameter to achieve desired conditions. 

The report does not specify which desired conditions informed the particular forest treatments 

depicted in that photo. 

 

9

 On November 9, 2012, the Center requested a copy of the Silviculture Specialist Report from Gayle 

Richardson, Black Mesa District Silviculturalist. Ms. Richardson stated on the telephone, “You’re going 

to get the 2011 one,” and explained that the report is still in draft form and subject to revision. Therefore, 

this comment is based on the Center’s review of the 2011 version of the Silviculture Report. The Center 

requested but was not provided and has not reviewed “Richardson, Gayle, and James A. Youtz. 2012. 

Silviculture Specialist Report,” cited on page 245 of the DEIS. 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 360
Center for Biological Diversity comment on Rim Lakes DEIS 11

Old growth 

Old growth forests differ in structure and function from younger forests. They comprise 

preferred habitat of many endangered, threatened and sensitive wildlife species, and provide a 

host of ecological services including overall watershed function, clean water, soil retention and 

storage of greenhouse gasses (Kaufmann et al. 1992, Luyssaert et al. 2008). Old growth habitat 

consists of large trees with fire-resistant “plated” bark structure and tall canopies, large standing 

dead trees (“snags”) with nesting cavities and broken tops, as well as vertical and horizontal 

structural diversity within stands. Numerous analyses conducted by the Forest Service and 

others demonstrate that logging significantly affects long-term recruitment of coarse wood and 

old growth habitat (e.g., Quigley et al. 1996, Spies 2004, van Mantgem et al. 2009). Most of the 

former old growth forests throughout the ponderosa pine and mixed conifer formations of the 

Southwestern Region have been eliminated by logging (Covington and Moore 1994). 

The 1996 Forest Plan Amendment for the Southwestern Region (USDA 1996b) includes 

mandatory standards and guidelines for old growth habitat management. Each national forest, 

including the Apache-Sitgreaves, must allocate no less than 20 percent of each forested 

“ecosystem management area” to old growth habitat. In order to properly determine old growth 

habitat, the Forest Service must refer to a specific table included sets forth detailed minimum 

numeric criteria for various forest types, including the size, age and number of live and dead 

trees, down trees and canopy cover. See Forest Plan at 97-99. Forested sites must meet or 

exceed these numeric structural attributes in order to be considered old growth habitat. In 

addition, the Forest Plan requires the agency to analyze old growth habitat at multiple scales: (1) 

the ecosystem management area; (2) one scale above the ecosystem management area; and (3) 

one scale below the ecosystem management area. The amount of old growth that can be 

provided and maintained must be evaluated at the ecosystem management level and be based on 

forest type, site capability and disturbance regimes. 

The project area, like the national forest as a whole, is deficient in old growth habitat. 

This is largely due to past timber harvesting. See DEIS at 160 (“The dominant mid-seral 

conditions on the ASNFs primarily relate to cumulative effects of historical heavy logging such 

as the railroad logging early in the 20th century and long term fire suppression. Overstory 

removal prescriptions also contributed to the trend toward smaller diameter stands”). 

The first timber harvest entries in the project area occurred in the 1940s. These actions 

focused on removal of large dying trees and high grade lumber. From the 1950s to 1970s, 

management focused on sanitation/salvage of dying, diseased, or damaged trees. Minimal 

amounts of forest density management occurred during this period. In the 1960s, the 

practice of cutting snags to reduce fire hazard also reduced the number of snags currently 

standing but may have increased the number of logs present in some areas. Starting 

around 1980, forest management focused on even-aged timber sales, i.e., cutting all the 

trees and developing stands of the same age and size. Treatments were conducted on 

selected stands and large blocks throughout the project area (approximately 44 percent of 

the area). 

Individual stand treatments focused on overstory removal of mature trees where a 

younger age class was present. Where mature trees dominated, regeneration treatments 

focused on removal of most overstory trees and retention of scattered low density seed 

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Center for Biological Diversity comment on Rim Lakes DEIS 12

trees. Where sapling or mid-aged trees dominated, treatments focused on thinning to 

manage stand density. Much of the thinning treatments yielded pulpwood products for 

paper, and the removal and regeneration treatments yielded sawtimber products primarily 

for lumber. 

Past timber sales in and near the project area, such as Carr Lake, Deer Lake, Palomino, 

and others, all implemented prior to the 1996 forest plan amendment for owl and 

goshawk, targeted the harvest of medium and large diameter trees. In some cases, all 

trees over 12 inches in diameter were removed. This even-aged forest management focus 

continued until the mid-1990s, leaving the legacy of current forest structural conditions 

across the landscape.

Id. at 39. Only seven percent of the project area is allocated to old growth management. Id. at 4. 

“Areas currently allocated do not necessarily meet old growth standards in the forest plan but are 

managed to move toward those conditions to meet old growth structural attributes over time.” 

Id. at 9. 

Both action alternatives (B and C) would “Allocate approximately 6,900 acres of forest 

for old growth characteristics especially large tree health and vigor.” Id. at 10; also see id. 23 

(Figure 6 shows old growth allocations). However, the new allocation will not comprise old 

growth habitat meeting Forest Plan standards. Instead, the “developing old growth” shown in 

Figure 6 “would be treated to move toward old growth management objectives found in the 

forest plan. Specifically, treatments that help develop large trees where few exist, while 

maintaining the health and vigor of existing large trees, especially those greater than 18 inches 

diameter.” Id. at 24 and 53 (emph. added). Note that Figure 6 only shows “developing old 

growth” within the project area, and “existing old growth” outside of it. Id. at 23 (Fig. 6). 

 In scoping comments dated April 30, 2012, the Center stated, “The environmental 

analysis should disclose the spatial extent of old growth stands that meet Amended Forest Plan 

criteria at each of the prescribed scales. This information should be clearly displayed in a manner 

that is easily understood by public. The assessment should clearly depict the number of acres that 

meet or do not meet old growth criteria at each scale.” The DEIS lacks this information. The 

agency never quantifies or locates existing old growth habitat meeting Forest Plan standards. It 

merely describes the extent of “allocated old growth” or “developing old growth,” and fails to 

describe the existing condition of old growth habitat or project effects to it. The phrase, 

“developing old growth” does not occur in the Forest Plan, and the DEIS does not define it. 

The Forest Service acknowledges that large tree removal under Alternative B “may place 

posttreatment [sic] large tree densities below target densities. This may negatively affect old 

growth quality and quantity and wildlife habitat quality, quantity, and populations.” DEIS at 13. 

Indicators of project effects to old growth habitat are: 

 Total number of trees 16 inches and greater (pre- and post-treatment); 

 Pre- and post-treatment three-level analysis of habitat structure for northern goshawk, 

and old growth; and 

 Vegetation structural stage (VSS) for northern goshawk. 

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Center for Biological Diversity comment on Rim Lakes DEIS 13

Id. However, the DEIS does not describe any effects of Alternative B to existing old growth, nor 

does it quantify how much old growth would remain following project implementation. 

According to its index, the DEIS discusses “treatment effects” to old growth on page 53. 

Id. at 271. The passage quoted below is the full analysis of effects: 

Mixed conifer forest stands would be managed to favor dominance by shade-intolerant 

species over much of the project area (except for MSO protected forest habitat and 

restricted habitat managed for threshold habitat values). Allocated old growth stands and 

other areas would be treated to improve health and vigor of the stand, and to manage 

forest structure toward desired conditions. Natural meadows and openings would be 

maintained by removing conifers which have encroached upon these areas, postEuropean settlement. Quaking aspen and Gambel oak patches would be released or 

favored to develop. Understory grasses, forbs, and shrubs would respond to these opened 

canopy conditions, and increase in abundance and vigor. Management would focus on 

favoring and regeneration of southwestern white pine in locations where it currently 

exists.

Id. at 53 (emph. added). It merely states that “allocated old growth stands” would be 

mechanically thinned and burned. Likewise, under the heading, “Vegetation Effects Details,” 

the DEIS discusses the allocation of old growth for mapping, but not treatment effects: 

Alternative B would meet the forest plan percentages for old growth allocation within the 

project area, and would move the total district acres toward meeting the percentages for 

mixed species and for ponderosa pine as shown in table 22. This alternative proposes 

allocating 9,394 acres with an existing large tree component and thinning to improve 

forest health, increase tree size growth, and reduce fire hazard. Stands proposed for 

thinning would develop toward old growth characteristics described in the forest plan 

over time (Richardson et al., 2012). Stands identified as MSO protected habitat, target 

threshold, threshold, and goshawk habitat on slopes 40 percent and greater, were 

allocated for old growth development within the project area. Alternative C would 

allocate the same amount of area for old growth management as alternative B.

Id. at 59 (emph. added). Clearly, the Forest Service intends to “develop” old growth. But the 

DEIS never discloses how much old growth habitat exists or how much would be degraded or 

removed. More, it does not supply the “pre- and post-treatment three-level analysis of habitat 

structure” which the agency identified as an indicator of project effects. 

The DEIS misleads readers about project effects to old growth habitat. It states, 

“Alternative B would retain current old growth habitat and develop old growth components in 

newly allocated stands within MSO stratified habitat.” Id. at 94. More, “Alternative B would 

preserve current old growth habitat and develop old growth components in designated stands 

within northern goshawk stratified habitats (figure 14) on 223 acres that would be allocated to be 

managed for old growth structure. Old growth wildlife habitat would increase as designated 

stands increase in maturity over time.” Id. at 115-116. 

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Center for Biological Diversity comment on Rim Lakes DEIS 14

However, the analysis cited above clearly is erroneous because Alternative B makes 

specific provision for removing trees of all size classes >18-inches diameter in ponderosa pine 

forest, as well as trees up to 24-inches diameter in mixed conifer and pine-oak habitats. See id.

at 79 (Table 31 – proposed alternatives in MSO habitat); 80 (Tables 32, 33 – northern goshawk 

and “other” habitats). Alternative B would remove more than 31,000 trees larger than 16-inches 

diameter. See id. 58 (Table 21). And it would amend the Forest Plan to eliminate standards and 

guidelines that require retention of VSS 6 (old forest >24-inches diameter) where it is deficient. 

See id. at 26 (proposing exceptions to VSS 6 retention guidelines); 49 (“VSS 6 groups would be 

treated where they are severely infected with dwarf mistletoe ...”). 

The extent of old growth removal or degradation is unknown because the Forest Service 

fails to disclose it. Instead, the agency errantly states that its proposed action would “retain” or 

“preserve” existing old growth habitat. Removal of old growth quality forest structure may be a 

cumulatively significant environmental impact. 40 C.F.R. §§ 1508.7, 1508.27(b)(7). 

The Forest Service must analyze and disclose how many acres within the affected 

ecosystem management area meet the minimum numeric criteria for old growth habitat that are 

set forth in the Forest Plan, must assess the existing and potential impacts to old growth habitat at 

the required scales, must allocate no less than 20 percent of each forested ecosystem 

management area to old growth as depicted in the Forest Plan, and must not log any of the 

remaining large trees within the project area until it meets these mandatory requirements. 

The DEIS does not objectively or accurately analyze and disclose project impacts on old 

growth habitat. Alternative B in the Rim Lakes DEIS would violate the old growth standards 

and guidelines by failing to demonstrate that 20 percent of each ecosystem management area is 

allocated to old growth, as defined by the Forest Plan; by failing to disclose an analysis of 

impacts to old growth at multiple scales, including one scale above and one scale below 

ecosystem management areas; by failing to develop and retain old-growth function on at least 20 

percent of the naturally forested area by forest type; and by proposing to log thousands of old 

growth trees despite noncompliance with old growth habitat requirements. 16 U.S.C. § 1604(i). 

Mexican spotted owl 

 The Rim Lakes Project would apply mechanical logging systems on 6,641 acres of 

suitable nesting and roosting habitat for threatened Mexican spotted owl (“MSO”) in mixedconifer and pine-oak forest types. See DEIS at 91 (Table 47). That equates to approximately 59 

percent of the 11,267 acres of suitable owl habitat that exists in the project area. Id. 

Protected activity centers (PACs) are categorized as protected habitat as well as all areas 

in mixed conifer and pine/oak habitat types with slopes greater than 40 percent where 

timber harvest has not occurred in the past 20 years (USDI 1995). The project area 

contains approximately 1,996 acres of MSO protected habitat, of which 1,303 acres are 

within designated PACs that are considered occupied. 

Restricted habitat is defined as unoccupied mixed conifer forests, pine/oak forests, and 

riparian areas on slopes less than 40 percent (USDI 1995). Approximately 9,281 acres of 

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Center for Biological Diversity comment on Rim Lakes DEIS 15

MSO restricted habitat exists within the project area, of which 6,710 acres are mixed 

conifer forest, and 2,571 acres are pine/oak forest. 

Id. at 84. Four PACs exist in the project area which the Forest Service assumes to be occupied 

by MSO. Id. at 86. Another 14 PACs exist within a quarter-mile of the project area, but the 

DEIS contains no information about occupancy. Id. An EIS must consider “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 [ESA].” 40 C.F.R. § 1508.27(b)(9). 

The project area also contains spotted owl critical habitat: 

The project area has approximately 3,886 acres of critical habitat that meet the definition 

of MSO protected or restricted habitat. Where possible, areas within designated critical 

habitat must be managed to maintain or enhance primary constituent habitat elements. 

These elements include criteria associated with the range of tree and plant species, 

canopy closure, snags, downed logs, and residual plant cover (USDI 2004). This 

requirement applies to the 3,886 acres of critical habitat that meet the MSO definition.

Id. at 85. MSO critical habitat exists on a total of 23,670 acres in the project area. See id. 90 

(Table 45). Of this total, the Forest Service proposes mechanical logging on 17,212 acres, or 

about 73 percent of critical habitat. This includes logging on 13,326 acres of ponderosa pine 

forest, which is not considered suitable as nesting/roosting habitat, but is nonetheless important 

for spotted owl life behaviors such as foraging, dispersal and wintering. Id.; also see USDI 

(1995: 83). In addition, “Approximately 22,507 acres of MSO critical habitat would receive low 

severity prescribed burning under either alternative B or alternative C ...” Id. at 89. Therefore, 

about 95 percent of critical habitat in the project area would be actively managed with 

mechanical logging, prescribed fire or a combination of both treatment methods. The DEIS does 

not make these facts clear to the public. 

Critical habitat overlaps protected areas (including PAC) and restricted habitat described 

in the MSO Recovery Plan (USDI 1995) which contain “one or more of the primary constituent 

elements” of habitat considered “essential for the conservation” of the species. See 69 Fed. Reg. 

53185-86, 53189-90, 53192, 53212 and 53217 (Aug. 31, 2004). Primary constituent elements 

(“PCE”) are “those physical and biological features ... that are essential to conservation of the 

species and that may require special management considerations or protection.” Id. at 53208. 

“All areas that are designated as critical habitat contain primary constituent elements and are 

considered essential for the conservation of the species.” Id. at 53186; see also id. 53189, 53190, 

53192, 53212 and 53217. 

The U.S. Fish and Wildlife Service (“FWS”) identified categories of PCE which occur in 

mixed conifer, pine-oak and riparian forest types, and in canyons: 

A. PCE related to forest structure: 

(1) A range of tree species, including mixed-conifer, pine-oak, and riparian 

forest types, composed of different ages of trees, 30 percent to 45 percent 

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Center for Biological Diversity comment on Rim Lakes DEIS 16

of which are large trees with a trunk diameter of 12 inches (0.3 meters) or 

more when measured at 4.5 feet (1.4 meters) from the ground. 

(2) A shade canopy created by the tree branches covering 40 percent or more 

of the ground. 

(3) Large dead trees (snags) with a trunk diameter of at least 12 inches (0.3 

meters) when measured at 4.5 feet (1.4 meters) from the ground. 

B. PCE related to maintenance of adequate prey species: 

(1) High volumes of fallen trees and other woody debris. 

(2) A wide range of tree and plant species, including hardwoods. 

(3) Adequate levels of residual plant cover to maintain fruits, seeds, and allow 

plant regeneration. 

C. PCE related to canyon habitat: 

(1) Presence of water (often providing cooler and often higher humidity than 

the surrounding areas); 

(2) Clumps or stringers of mixed conifer, pine-oak, pinyon-juniper, and/or 

riparian vegetation; 

(3) Canyon wall containing crevices, ledges, or caves; and 

(4) High percent of ground litter and woody debris. 

See 69 Fed. Reg. 53211 and 53232 (Aug. 31, 2004). The Rim Lakes Project would only affect 

the third category of PCE with prescribed fire. However, mechanical logging combined with 

prescribed fire in the rest of the project area may adversely affect one or more PCE related to 

forest structure and prey availability. In particular, it would destroy snags larger than 14 inches 

in diameter and preclude recruitment of coarse woody debris. See DEIS at 98 (burning may 

reduce large snags). Also, ground disturbance in opening Level 1 roads and use of log 

harvesting equipment on an undisclosed area would impair “adequate levels of residual plant 

cover to maintain fruits, seeds, and allow plant regeneration,” following project implementation. 

The Forest Service admits that ground disturbance would negatively affect forest soils. 

See DEIS at 198 (citing administrative study of soil disturbances by logging equipment 

implementing treatments similar to those proposed in alternative B and C, and finding 

“reductions in soil conditions” to “either impaired or unsatisfactory” on 19 percent of the Greer 

study area); 199 (“Prescribed fires can reduce the level of organic debris available for soil 

fertility maintenance, particularly where they reach moderate to high severity levels”). But it 

does not give any attention to effects of ground disturbance on PCE that result from opening 

Level 1 roads or deployment of logging equipment. It merely asserts that best management 

practices (“BMP”) will “minimize” soil impacts better than if no precautions are observed. See 

id. 199 (“Where mechanical harvesting/thinning is practiced, short-term increases in erosion 

related to ground cover disturbance are minimized by BMPs (appendix B) that retain slash and 

limit disturbance and soil displacement”). Please note that slash retention cannot be used to 

mitigate soil exposure and erosion on any significant extent of the project area without 

undermining the purpose and need for action. See id. (“An objective of the Rim Lakes Project is 

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Center for Biological Diversity comment on Rim Lakes DEIS 17

to reduce the occurrence of hazardous fuels—both standing and on the forest floor. Reducing 

these categories of hazardous fuels necessarily leads to a lower input of organic soil carbon to the 

soil layers”). 

 Furthermore, the MSO Recovery Plan (USDI 1995) suggests that uneven-aged 

management proposed in Alternative B, which would remove more than 31,000 large trees, may 

adversely affect the large tree PCE in the project area, the national forest, and the range of the 

species: 

We have not been able to assess the effects of classic uneven-aged management on 

Mexican spotted owl habitat because we were unable to acquire data for most areas 

where uneven-aged management is practiced on a large scale. However, based upon our 

understanding of the application of uneven-aged systems, stand density is often kept at a 

fairly low level, seldom exceeding 18 m2/ha (80 ft2/acre) of basal area. These low residual 

stand densities allow for regeneration and growth of ponderosa pine. Uneven-aged 

systems, whether they retain individual trees or groups of trees, allow for the 

development of multiple canopy levels, a key component of Mexican spotted owl habitat. 

However, Ganey and Dick (1995) demonstrate clearly that owl habitat typically also 

includes significant numbers of large trees. These large trees may not be retained where 

uneven-aged management is applied in this fashion. 

In summary, uneven-aged management has some promise for providing stands exhibiting 

characteristics of spotted owl habitat. As currently practiced, however, uneven-aged 

management results in large acreages of low-density stands, numerous road openings, 

and the eventual eradication of large diameter stems. Although neither the short- or the 

long-term effects of these applications on spotted owls are known, this type of application 

may not be the best option for producing spotted owl habitat. 

USDI (1995: 71). The project would retain just 60-80 square feet of basal area (“BA”) in critical 

habitat. See DEIS at 19. Past timber harvest caused significant decline of large tree density in 

the project area and throughout the range of Mexican spotted owl. See id. 68 (“[T]he density of 

large trees (>48 cm [19 in] dbh) decreased from 2.3 to 1.7 trees/ha (0.9 to 0.7 trees/ac), a 20% 

decline” ... “[T]he 20% decrease in the density of large trees is an alarming negative trend with 

respect to a very critical component of spotted owl habitat”); also see DEIS at 39 (describing 

effects of past timber management to forest structure in project area); 160 (“The dominant midseral conditions on the ASNFs primarily relate to cumulative effects of historical heavy logging 

such as the railroad logging early in the 20th century and long term fire suppression. Overstory 

removal prescriptions also contributed to the trend toward smaller diameter stands”). 

Alternative B would remove large trees up to 24-inches diameter on 5,518 acres of 

restricted habitat. See DEIS at 20 (Tables 2, 3); 91 (Table 47 – prescriptions). “MSO restricted 

habitats would be managed from current condition toward desired long-term management of 

stand density index stand structure.” Id. at 87. This project does not occur in isolation, as many 

other proposed Forest Service actions also would degrade the large tree PCE in critical habitat 

(e.g., Wallow West and Wallow Alpine projects in Apache-Sitgreaves NFs; Clints Well, MahanLandmark, Turkey Butte and Wing Mountain projects in Coconino NF; Bill Williams and 

McCracken projects in Kaibab NF; 4FRI project in Coconino and Kaibab NFs). Degradation of 

the large tree PCE in critical habitat may be cumulatively significant. 40 C.F.R. § 1508.7. 

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Center for Biological Diversity comment on Rim Lakes DEIS 18

Moreover, uneven-aged management that removes large trees is counter to project and 

Forest Plan objectives for critical habitat. The percentage of maximum stand density index 

(“SDI”) that currently exists in pine-oak restricted habitat is below the “desired condition” for 

the 18-inch to 24-inch tree size class. See DEIS at 87 (Table 41 shows “Existing Condition PineOak” as “13,” and “Desired Condition” as “15+”); also see id. (“Table 41 and figure 15 display 

the percent of the maximum SDI by size class compared to the desired percent of the maximum 

SDI by size class for MSO mixed conifer and pine-oak habitat from the MSO recovery plan and 

forest plan guidelines”). Stand density reduction that removes any trees of that size class would 

undermine achievement of desired conditions and the purpose and need. The DEIS does not 

disclose the number or extent of groups comprising 18- to 24-inch diameter trees (VSS 5 – 

mature forest) that would be removed in pine-oak restricted habitat under Alternative B. It 

allows that trees up to 24-inches diameter may be removed on 5,518 acres of restricted habitat 

including pine-oak forest. See id. 20 (Tables 2, 3); 91 (Table 47). The Forest Plan directs, 

“Allow natural canopy gap processes to occur, thus producing horizontal variation in stand 

structure.” Forest Plan at 52. 

The Endangered Species Act (“ESA”) and its implementing regulations prohibit the 

unauthorized “take” of protected species. 16 U.S.C. § 1538(a)(1); 16 U.S.C. § 1533(d); 50 C.F.R. 

§ 17.31. “Take” is broadly defined to include harm, harassment, trap, capture, wounding or 

killing a protected species either directly or by impacting its habitat. 16 U.S.C. § 1532(19); 

Center for Biological Diversity v. Bureau of Land Management, 422 F. Supp. 2d at 1127 n. 7. 

Section 7 of the ESA requires federal agencies, in consultation with the FWS, to ensure that any 

action authorized, funded or carried out by an agency is not likely to (1) jeopardize the continued 

existence of any threatened or endangered species, or (2) result in the destruction or adverse 

modification of critical habitat. 16 U.S.C. § 1536(a)(2). “Action” is defined to include all 

activities or programs of any kind authorized, funded or carried out by federal agencies, 

including actions directly or indirectly causing modifications to the land, water or air; and 

actions intended to conserve listed species or their habitat. 50 C.F.R. § 402.02. 

Forest plans are agency actions pursuant to Section 7 of the ESA. Center for Biological 

Diversity v. U.S. Fish and Wildlife Service, 623 F.Supp. 2d 1044, 1054 (N.D. Cal. 2009), citing 

Pacific Rivers Council v. Thomas, 30 F.3d 1050, 1053-54 (9th Cir. 1994). The Rim Lakes 

Project would implement the Apache-Sitgreaves National Forests Plan. See DEIS at 3. 

 For each federal action, the Forest Service must request from FWS whether any listed or 

proposed species may be present in the area of the agency action. 16 U.S.C. § 1536(c)(1); 50 

C.F.R. § 402.12. If listed or proposed (candidate) species may be present, the Forest Service 

must prepare a “biological assessment” to determine whether listed species may be affected by 

the proposed action. Id. If the Forest Service determines that a proposed action may affect any 

listed species or critical habitat, the agency must consult with FWS. 50 C.F.R. § 402.14. 

 To complete formal consultation, FWS must provide the Forest Service with a 

“biological opinion” explaining how the proposed action will affect the listed species or habitat. 

16 U.S.C. § 1536(b); 50 C.F.R. § 402.14. The biological opinion “is required to address both the 

‘no jeopardy’ and ‘no adverse modification’ prongs of Section 7.” Center for Biological 

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Center for Biological Diversity comment on Rim Lakes DEIS 19

Diversity v. Bureau of Land Management, 422 F. Supp. 2d 1115, 1127 (N.D. Cal. 2006), citing

50 C.F.R. § 402.14(g)(4). 

If FWS concludes that the proposed action “will jeopardize the continued existence” of a 

listed species, the biological opinion must outline “reasonable and prudent alternatives.” 16 

U.S.C. § 1536(b)(3)(A). If the biological opinion concludes that the action is not likely to 

jeopardize the continued existence of a listed species, and will not result in the destruction or 

adverse modification of critical habitat, FWS must provide an “incidental take statement,” 

specifying the amount or extent of such incidental taking on the species, any “reasonable and 

prudent measures” that FWS considers necessary or appropriate to minimize such impact, and 

setting forth the “terms and conditions” that must be complied with by the agency to implement 

those measures. 16 U.S.C. § 1536(b)(4); 50 C.F.R. § 402.14(i). Both the biological opinion and 

the incidental take statement must be formulated by the FWS in formal consultation. Oregon 

Natural Resources Council v. Allen, 476 F.3d 1031, 1036 (9th Cir. 2007), citing 50 C.F.R. §§ 

402.14(g), (i)(1). 

In order to monitor incidental take, the Forest Service must report the impact of its action 

on the listed species to FWS. 50 C.F.R. § 402.14(i)(3). If during the course of the action the 

amount or extent of incidental taking is exceeded, the Forest Service must immediately reinitiate 

consultation. 50 C.F.R. § 401.14(i)(4). The reinitiation of formal consultation is required and 

must be requested by the Forest Service or FWS if (1) the amount or extent of taking specified in 

the incidental take statement is exceeded; (2) new information reveals effects of the action that 

may affect listed species or critical habitat in a manner or to an extent not previously considered; 

(3) the action is modified in a manner that causes an effect to the listed species or critical habitat 

that was not considered in the biological opinion; or (4) a new species is listed or critical habitat 

designated that may be affected by the identified action. 50 C.F.R. § 402.16. 

 From 1985 to 1988, the Forest Service developed and approved Forest Plans for the 

eleven national forests in the Southwestern Region, including the Apache-Sitgreaves Forests. In 

1993, the MSO was listed as a threatened species under the ESA. In 1995, the Forest Service 

requested consultation on the Forest Plans in the Southwestern Region concerning impacts to the 

MSO. In 1996, FWS issued a biological opinion on the eleven Forest Plans, which concluded 

jeopardy to the MSO and adverse modification for MSO critical habitat. The Reasonable and 

Prudent Alternative in that biological opinion advised the Forest Service to implement the 1995 

MSO Recovery Plan (USDI 1995). 

 In 1996, the Forest Service amended all Forest Plans in the Southwestern Region to 

include standards and guidelines for MSO. One of those standards directs the Forest Service to 

“implement threatened and endangered species recovery plans.” Forest Plan at 46. The plan 

standards also require the agency to “Monitor changes in owl populations and habitat needed for 

delisting.” Id. at 48. The amended Forest Plan establishes the following monitoring guidelines: 

Monitoring and evaluation should be collaboratively planned and coordinated with 

involvement from each national forest, USFWS Ecological Services Field Office, 

USFWS Regional Office, USDA Forest Service Regional Office, Rocky Mountain 

Research Station, recovery team, and recovery unit working groups. 

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Center for Biological Diversity comment on Rim Lakes DEIS 20

Population monitoring should be a collaborative effort with participation of all 

appropriate resource agencies. 

Habitat monitoring of gross habitat changes should be a collaborative effort of all 

appropriate resource agencies. 

Habitat monitoring of treatment effects (pre- and post-treatment) should be done by the 

agency conducting the treatment. 

Prepare an annual monitoring and evaluation report covering all levels of monitoring 

done in the previous year. The annual report should be forwarded to the Regional 

Forester with copies provided to the recovery unit working groups, USFWS Ecological 

Services field offices, and the USFWS Regional Office. 

Rangewide: Track gross changes in acres of owl habitat resulting from natural and human 

caused disturbances. Acreages changes in vegetation composition, structure, and density 

should be tracked, evaluated, and reported. Remote sensing techniques should provide an 

adequate level of accuracy. 

In protected and restricted areas where silvicultural or fire abatement treatments are 

planned, monitor treated stand pre- and post-treatment to determine changes and 

trajectories in fuel levels; snag basal areas; live tree basal areas; volume of down logs 

over 12 inches in diameter; and basal area of hardwood trees over 10 inches in diameter 

at the root crown. 

Id. at 53. Additionally, in the Upper Gila Mountains Recovery Unit, which includes the project 

area, the Forest Service is required to: 

Assist the recovery team and recovery unit working groups to establish sampling units 

consisting of 19 to 39 square mile quadrants randomly allocated to habitat strata. 

Quadrants should be defined based on ecological boundaries such as ridge lines and 

watersheds. Quadrant boundaries should not traverse owl territories. Twenty percent of 

the quadrants will be replaced each year at random. 

Using the sample quadrants, monitor the number of territorial individuals and pairs per 

quadrant; reproduction; apparent survival; recruitment; and age structure. Track 

population density both per quadrant and habitat stratum.

Id. at 54. 

 In May 1996, FWS issued a biological opinion on the 1996 Plan Amendment, concluding 

that the new standards and guidelines would not jeopardize the continued existence of MSO. 

Importantly, FWS assumed on page 31 of that biological opinion that the Forest Service would 

implement the Recovery Plan (USDI 1995): 

The Service has evaluated the impacts to the owl in this consultation under the 

assumption that essential components of the Recovery Plan will be implemented. These 

include population and habitat monitoring for the owl that will standardize monitoring 

efforts for tracking the region-wide condition of owl habitat. This in turn should greatly 

increase the consistency and reliability of data used in determining the baseline 

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Center for Biological Diversity comment on Rim Lakes DEIS 21

conditions. Because some of the management guidelines in the Recovery Plan are largely 

untested the Recovery Plan itself recognizes that timely implementation of the 

monitoring is essential to validate and, if necessary, adjust the recovery strategy 

presented in the Plan. The continuing effectiveness of this biological opinion depends on 

the validity of the Recovery Plan strategy and on confirmation that the inferred baseline 

conditions accurately reflect the status of owl populations and habitat. Accordingly, the 

Service expects that the Forest Service will initiate the pilot study for the population and 

microhabitat monitoring program within one year of the issuance of this biological 

opinion. If timely progress is not made on the monitoring program, re-initiation of 

consultation will be necessary to re-evaluate impacts to the species and habitat. 

The Recovery Plan (USDI 1995) emphasizes monitoring of population and habitat trends: 

For the spotted owl to be delisted within any [Recovery Unit – “RU”], the following 

conditions must be met. First, threats to the continued loss of habitat and key habitat 

components must be moderated and regulated as detailed in the previous section. Second, 

habitat trends must be monitored no assess gross changes in habitat quantity within each 

RU. Third, effects of modifying activities within existing and potential spotted owl 

habitat must be monitored no ensure that existing habitat is maintained and potential 

habitat is progressing towards becoming replacement habitat. 

USDI (1995: 81). More, 

In formulating our recommendations, we assume that population and habitat status will 

be monitored in conjunction with implementation of these management guidelines. This 

Recovery Plan is analogous no a three-legged stool (Figure III.B.l); therefore, the 

management guidelines are nor meant to stand alone. Monitoring provides objective 

criteria no assess the efficacies of the management guidelines. Without both habitat and 

population monitoring, the status of the owl cannot be assessed and in should nor be 

delisted. We further assume that existing management constraints on vegetative 

manipulations (such as size of openings and maintenance of hiding and thermal cover for 

other species) will remain in place. This assumption is especially critical for vegetation 

types – ponderosa pine, pinyon-juniper, aspen, and spruce-fir – for which we provide no 

specific management recommendations. 

USDI (1995: 82). Thus, monitoring is a fundamental requirement of the MSO Recovery Plan and 

the Forest Service is obligated by the Forest Plan to implement it. 

 In 2004, the Forest Service sought to reinitiate consultation with FWS on the continued 

implementation of Forest Plans in the Southwestern Region. In June 2005, FWS issued a 

biological opinion concluding that the eleven Forest Plans would likely result in incidental taking 

of MSO, but this level of take was not likely to jeopardize MSO because the Forest Plans 

incorporate and implement the Recovery Plan. FWS recognized that “no long-term monitoring 

has been initiated pursuant to the owl Recovery Plan.” FWS included in the 2005 biological 

opinion “reasonable and prudent measures” and “terms and conditions,” including that the Forest 

Service monitor MSO occupancy on national forest lands, pursuant to the Recovery Plan. It 

determined that the anticipated level of take was most appropriately quantified in terms of the 

number or percent of PAC with disturbance and/or habitat alteration. FWS anticipated that take 

is reasonably certain to occur within five percent of the total PACs in the form of harm, and five 

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Center for Biological Diversity comment on Rim Lakes DEIS 22

percent of the total number of PACs in the form of harassment, for a total of a 10 percent as a 

result of the proposed action. The anticipated take is set forth per recovery unit. 

The Rim Lakes Project proposes mechanical treatments of forest vegetation on 281 acres 

in the Ridge PAC in addition to 16,694 acres of other critical habitat. See DEIS at 20, 89-91. A 

total of 1,039 acres in four PACs also would be directly affected by prescribed fire. See id. 92 

(Table 48). “Approximately 22,507 acres of MSO critical habitat would receive low severity 

prescribed burning under either alternative B or alternative C ...” Id. at 89. 

 As set forth in the 2005 biological opinion, to be exempt from the ESA Section 9 

prohibition on take, the Forest Service must comply with the terms and conditions of the 

incidental take statement. The terms and conditions for MSO include specific monitoring 

requirements. The Forest Service must monitor PAC occupancy pursuant to the most recent 

version of the Recovery Plan (USDI 1995). This monitoring must assess changes in occupancy 

rates so that management actions can be adjusted if changes in MSO populations occur. 

Additionally, in order to monitor the impacts of incidental take, the Forest Service must track 

and report the effects of implementing Forest Plans on MSO. 

 In October 2008, the Forest Service provided its “Annual Report” to the FWS for the 

period of June 10, 2005, through June 10, 2007, regarding the Programmatic Biological Opinion 

on the Land and Resource Management Plans for the 11 National Forests in the Forest Service 

Southwestern Region. The Forest Service acknowledged in the report that it failed to comply 

with the monitoring requirements set forth in the biological opinion’s terms and conditions, 

and/or likely exceeded the allowable incidental take for a number of listed species, including 

MSO. The Forest Service typically monitored only 20-25% of PACs during 2005-07. 

Moreover, the agency monitored PACs for owl occupancy but not reproduction. The Forest 

Service stated in the report that personnel and funding levels are not adequate to meet the 

monitoring requirements set out in Term and Condition 3.1 of the biological opinion. As a 

result, in many cases, monitoring has not been accomplished. 

 On April 17, 2009, the Forest Service requested to reinitiate formal consultation with 

FWS regarding the Forest Plans in the Southwestern Region. The Forest Service informed FWS 

that it would soon exceed the amount of take issued for MSO, and that it is unable to implement 

and comply with the monitoring requirements in the 2005 biological opinion for several species 

including MSO. FWS eventually agreed to the Forest Service’s request to reinitiate consultation. 

 On October 11, 2011, the Forest Service was held to be in violation of the ESA for failing 

to monitor for MSO as required by the 2005 biological opinion. Center for Biological Diversity 

v. U.S. Forest Service, 2011 U.S. Dist. LEXIS 123320 (D. Ariz. 2011). 

 On April 30, 2012, FWS issued a biological opinion for the Continued Implementation of 

the Land and Resource Management Plan for the Apache-Sitgreaves NFs (USDI 2012). That 

opinion states that the proposed action is the implementation of the individual Forest Plan. It 

omits the requirement to monitor MSO occupancy or population trends. Instead, the biological 

opinion’s “reasonable and prudent measures” and “terms and conditions” only require the Forest 

Service to monitor the impacts of site-specific projects on MSO. 

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Center for Biological Diversity comment on Rim Lakes DEIS 23

 

 In 2011 and 2012, a number of large wildfires and related fire suppression activities in 

the Southwestern Region may have adversely affected MSO and its critical habitat. These 

include the 538,000 acre Wallow fire on the Apache-Sitgreaves National Forests, the 222,954 

acre Horseshoe Two fire and the 68,078 acre Murphy Complex fires on the Coronado National 

Forest, the 156,593 acre Las Conchas fire on the Sante Fe National Forest, the 297,845 acre 

Whitewater-Baldy Complex fires on the Gila National Forest, and the 44,330 acre Little Bear fire 

on the Lincoln National Forest. For each of these wildfire events, the Forest Service used fire 

suppression techniques, including igniting back burns, fireline construction and aerial 

deployments of chemical fire retardant. A combination of the large-scale wildfires and the 

Forest Service’s fire fighting tactics may have resulted in adverse impacts and the taking of 

MSO. The Forest Service and FWS have not consulted, pursuant to Section 7 of the ESA, to 

assess the potential adverse effects to MSO and its critical habitat resulting from the 2011 and 

2012 wildfires and associated impacts. 

The Wallow fire affected no fewer than 63 of the 136 PAC on the Apache-Sitgreaves 

National Forests.10 The FWS stated in the 2012 biological opinion that 76 PACs were located in 

the Wallow Fire perimeter (USDI 2012). This equates to 52 percent of the known PACs on the 

Apache-Sitgreaves NFs. “Bond et al. (2009) concluded that assessments of fire impacts should 

not assume that all fires have negative impacts on MSOs and recommended that burned forests 

within 1.5 km of MSO roosts or nests not be salvage-logged” (USDI 2012: 17). On June 12, 

2012, the Apache-Sitgreaves Forest Supervisor approved post-fire salvage logging of more than 

10,000 acres of MSO habitat. 

The Forest Service has failed to “monitor changes in owl populations and habitat needed 

for delisting,” as required by the Forest Plan, in violation of NFMA. Forest Plan at 48. The 

DEIS summarizes survey efforts in four PACs that overlap the project area during the period of 

2006 to 2010. “Completed surveys specific to this project analysis were conducted in 2006 and 

2007 ...” DEIS at 85. The Palamino PAC was “not monitored” in 2009 and 2010, and the Deer 

Lake Canyon and Woods Canyon PACs also were “not monitored” in 2010. Id. (Table 37). 

“Pre- and post-treatment monitoring should be conducted in all PACs treated for fire risk 

abatement ...” Forest Plan at 50. The project fails to implement the MSO recovery plan. See id.

46 and 48; also see USDI (1995: 81-82). 

 If the Forest Service wishes to eliminate the Forest Plan monitoring requirement for 

MSO, it may only do so in accordance with mandatory NFMA and NEPA procedures. A Forest 

Plan may be amended “in any manner whatsoever after final adoption after public notice,” and, if 

such amendment would result in a significant change, the Forest Service must follow comparable 

procedures as required for initial development of the Plan. 16 U.S.C. § 1604(f)(4).11 

 

10 See attached spreadsheet “classification_summary by PAC” created by the Center using Forest Service 

data quantifying PAC acreage impacted by the Wallow fire in the Apache-Sitgreaves National Forest. 

11 The Forest Service is in the transition period for the 2012 NFMA regulations. 36 C.F.R. § 

219.17(b)(2) (2012). However, under either the prior 1982 or the new 2012 regulations, public 

participation and NEPA compliance are required for Forest Plan amendments. 36 C.F.R. § 219.10(f) 

(1982) (stating that even if the proposed amendment is not significant, the Forest Service must follow 

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Eliminating the MSO monitoring requirement in the Forest Plan without amending the Plan 

through the required procedures would violate NFMA. 16 U.S.C. § 1604(f)(4); 36 C.F.R. § 

219.10(f) (1982); 36 C.F.R. § 219.5(a)(2)(ii) (2012). 

Sensitive species

 Neither of the action alternatives will meet Forest Plan guidelines for canopy cover in 

northern goshawk habitat. In ponderosa pine forest Post-Fledging Family Areas (“PFA”), 

“Canopy cover for mid-aged forest (VSS 4) should average 1/3 60+% and 2/3 50+%. Mature 

(VSS 5) and old forest (VSS 6) should average 50+%.” Forest Plan at 58. In mixed conifer 

forest within PFA, “Canopy cover for mid-aged (VSS 4) to old forest (VSS 6) should average 

60+%.” Id. According to the Silviculture Specialist Report (“SSR”), canopy cover “can be 

related to basal area,” and it states the following assumption: “40% canopy cover ≈ 54 ft.2 basal 

area, 50% canopy cover ≈ 70 ft.2 basal area, 60% canopy cover ≈ 93 ft.2 basal area.” SSR at A-3. 

The existing condition in PFA is 66-86 ft.2 BA, which equates to approximately 50 to 58 percent 

canopy cover. Compare id. at 18 (Table 4); A-3 (figure depicting relation of basal area to 

canopy cover). The desired condition in PFA is 70-80 ft.2 BA, which would provide 

approximately 51 to 55 percent canopy cover. Id. Therefore, PFA habitat currently lacks the 

required canopy cover, and proposed logging will fail to meet plan guidelines requiring >60 

percent canopy cover in mixed-conifer PFA and one-third of VSS 4 in ponderosa pine PFA. The 

Forest Service substitutes its desired condition for the Forest Plan canopy cover guidelines. See

DEIS at 116 (“Desired condition for average post-treatment canopy cover for PFAs is 50–60 

percent on VSS 4 and 50 percent in VSS 5 and VSS 6; and average canopy cover at 40 percent in 

VSS 4, VSS 5, and VSS 6 (Richardson et al., 2011 and Richardson et al., 2012)”). This 

constitutes a de facto amendment to the Forest Plan without observance of required procedures. 

Alternative B would amend Forest Plan standards and guidelines for management of 

northern goshawk habitat in other ways. In particular, it would: 

 Introduce the novel concept of “interspace,” defined as “open space between tree 

groups intended to be managed for grass–forb–shrub vegetation during the long 

term.” Id. at 25. 

 Distinguish forest vegetation structural stages (“VSS”) from interspace. See id. 26 

(“For the areas managed for tree crown development, the distribution of vegetation 

structural stages for ponderosa pine, mixed conifer, and spruce-fir forests is 10 

percent grass–forb–shrub (VSS 1), 10 percent seedling-sapling (VSS 2), 20 percent 

young forest (VSS 3), 20 percent mid-aged forest (VSS 4), 20 percent mature forest 

(VSS 5), and 20 percent old forest (VSS 6)”). 

 Require forest openings on 20 to 40 percent of the project area comprised of VSS 1 

(grass/forb/shrub), VSS 2 (seedling/sapling) and interspace. See id. 26 (“Manage to 

 

“appropriate public notification and satisfactory completion of NEPA procedures.”); 36 C.F.R. § 

219.5(a)(2)(ii) (2012) (stating that the process for amending a Forest Plan must include consideration of 

the proposed amendment’s environmental effects, providing an opportunity to comment, and providing an 

opportunity to object before it is approved) 

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Center for Biological Diversity comment on Rim Lakes DEIS 25

develop and maintain 20–40 percent of the uneven-aged stand as canopy gaps (VSS 

1 and VSS 2) and interspaces between tree groups”); compare Forest Plan at 56 

(“The distribution of vegetation structural stages [...] is 10% grass/forb/shrub (VSS 

1), 10% seedling-sapling (VSS 2), 20% young forest (VSS 3), 20% mid-aged forest 

(VSS 4), 20% mature forest (VSS 5), 20% old forest (VSS 6)”). 

 Allow created forest openings to exceed four (4) acres. See DEIS at 28. 

 Allow removal of VSS 6 (old forest) where it is currently deficient. See id. 26. 

 Shift the spatial scale of VSS definition and application of canopy cover guidelines 

from “stand” (>10 acres) to “group” (0.1 to 1 acre) and exclude interspace. See id.

27 (“Canopy cover is evaluated with vertical crown projection within mid-aged to 

old forest structural stage groups (VSS 4, VSS 5, and VSS 6) and not within grass–

forb–shrub to young forest structural stage groups (VSS 1, VSS 2, and VSS 3) or in 

interspaces, natural meadows, and grasslands, or other areas not managed for forest 

conditions”); compare Forest Plan at 57 (“Canopy cover guidelines apply only to 

mid-aged to old forest structural stages (VSS 4, VSS 5, and VSS 6) and not to grass–

forb–shrub to young forest structural stages (VSS 1, VSS 2, and VSS 3)”). 

The plan amendments described above come from the February 23, 2007, Implementation Guide, 

Region 3, Northern Goshawk Standards and Guidelines ((USDA 2007b) – “New Goshawk 

Guidelines”). The New Goshawk Guidelines introduce “interspace,” to be managed in 

perpetuity as “non-forest” situated “between groups.” See DEIS at iv (“Desired conditions call 

for uneven-aged forests across the project area that exhibit a variety of forest densities, spatial 

arrangements, age/structure conditions, and interspaces between groups”); 9 (interspaces “are to 

be managed as non-forest areas”). More, they shift the scale of canopy cover measurement and 

retention in VSS 4 (mid-aged forest), 5 (mature forest) and 6 (old forest) from “site” or “stand” 

to the “group” scale, which is significantly less extensive. See DEIS at 25 (defining “minimum 

stand mapping size” as 10 acres); 112 (“a stand-level measurement of canopy cover is not 

applicable”); 115 (under Alternative B, “Tree groups would be maintained by VSS class, ranging 

from a quarter acre to 1 acre in size and generally in groups of 4–20 trees (0.1 acre basis)”). 

Under the current Forest Plan, six VSS stages comprise 100 percent of all forest lands on 

landscapes outside of PFA. See Forest Plan at 56 ( “The distribution of vegetation structural 

stages for ponderosa pine, mixed conifer and spruce-fir forests is 10% grass/forb/shrub (VSS 1), 

10% seedling-sapling (VSS 2), 20% young forest (VSS 3), 20% mid-aged forest (VSS 4), 20% 

mature forest (VSS 5), 20% old forest (VSS 6). NOTE: The specified percentages are a guide 

and actual percentages are expected to vary + or – up to 3%”). 

The plan amendment proposed in Alternative B would limit the six VSS to “areas 

managed for tree crown development” on approximately 80 percent of landscapes outside of 

PFA. See DEIS at 26. Interspaces would comprise “non-forest” separate from the six VSS 

stages managed for tree crown development, including VSS 1 (grass/forb/shrub), on 

approximately 20 percent of landscapes outside PFA. Id. (“Manage to develop and maintain 20–

40 percent of the uneven-aged stand as canopy gaps (VSS 1 and VSS 2) and interspaces between 

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Center for Biological Diversity comment on Rim Lakes DEIS 26

tree groups. Interspaces consist of mixtures of grass, forbs, shrubs, scattered single trees, and 

small areas of nonforested conditions”) 52-53 (“A primary objective is the restoration of 

sustainable forest mosaic patterns with canopy gaps and forest openings totaling 20–40 percent 

of stand areas to facilitate uneven-aged forest stand dynamics and other ecological functions. 

One element of the proposed treatments is the initiation of conditions conducive to regenerate or 

develop VSS 1 and 2 classes (establish or release existing seedlings/saplings), totaling 

approximately 20 percent of the open area [...] The remainder of the openness created by 

treatment would be interspaces (up to another 20 percent) to provide for other ecological 

functions”). If implemented on the ground, the plan amendments would significantly increase 

logging in goshawk habitat by doubling the extent of forest openings anticipated in the 

environmental analysis supporting the Forest Plan (USDA 1996a). 

In the current Forest Plan, canopy cover guidelines apply to VSS 4 (mid-aged forest 

dominated by trees 12- to 18-inches diameter), VSS 5 (mature forest dominated by trees 18- to 

24-inches diameter) and VSS 6 (old forest dominated by trees larger than 24-inches diameter). 

See Forest Plan at 57 (“Canopy cover guidelines apply only to mid-aged to old forest structural 

stages (VSS 4, VSS 5, and VSS 6) and not to grass/forb/shrub to young forest structural stages 

(VSS 1, VSS 2, and VSS 3)”). It applies different canopy cover requirements to different forest 

types in different habitat settings. For example, in ponderosa pine forest on landscapes outside 

PFA (“forage areas”), the Forest Plan requires greater than 40 percent canopy cover in VSS 4, 5 

and 6. Id. Within ponderosa pine PFA, it provides greater than 60 percent cover in one-third of 

VSS 4 and >50 percent cover in the remaining two-thirds of VSS 4, as well as >50 percent cover 

in VSS 5 and 6. Id. at 58. Mixed conifer forest merits increased canopy cover. In forage areas, 

“Canopy cover for mid-aged forest (VSS 4) should average 1/3 60+% and 2/3 40+%, mature 

forest (VSS 5) should average 50+%, and old forest (VSS 6) should average 60+%.” Id. at 57. 

In PFA, “Canopy cover for mid-aged (VSS 4) to old forest (VSS 6) should average 60+%.” 

 Additionally, current Forest Plan standards require evaluation of goshawk habitat 

structure at three spatial scales, with the smallest being the scale of “site.” Forest Plan at 56 

(management scale). The Forest Plan also states that the distribution of VSS and tree density is a 

product of “site quality.” Id. Those standards originate from the 1996 Plan Amendment (USDA 

1996b). Among the “Key Standard and Guideline Terms” in the glossary of the Final 

Environmental Impact Statement (“FEIS” – USDA 1996a), the Forest Service defines “site” the 

same as “stand.” FEIS at 266. Stands (or sites) range in size from 30 to 100 acres (USDA 2006: 

8 – Table 4) (describing “sites up to 100 acres in size”). Additionally, “canopy” is defined as a 

layer of foliage “in a forest stand.” FEIS at 262. In contrast, “group” is defined to be as small as 

two trees. Id. at 263. The Forest Plan makes no provision for measurement of canopy cover at 

the group scale. 

The existing canopy cover guidelines originate from management recommendations of 

Reynolds and others (1992), which the Forest Service incorporated into the Forest Plan with the 

1996 Plan Amendment (USDA 1996a). See Forest Plan at 55 (“Refer to USDA Forest Service 

General Technical Report RM-217 entitled ‘Management Recommendations for the Northern 

Goshawk in the Southwestern United States’ for scientific information on goshawk ecology and 

management which provide the basis for the management guidelines”); also see USDA (1996a: 

22) (referencing 1992 goshawk recommendations). The recommendations define VSS as a 

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Center for Biological Diversity comment on Rim Lakes DEIS 27

forest stand (Reynolds et al. 1992: 14 (Table 5), 22-24, 27-28, 79, 81 (“VSS is a method of 

describing the growth stages of a stand of living trees”), 90 (“If the majority of stems of a stand 

... were in the 12-18 inch diameter class, the stand would be classified as a VSS 4”); also see 

DEIS at 25 (defining “minimum stand mapping size” as 10 acres). 

In contrast, the New Goshawk Guidelines (USDA 2007b: 8) state, “Canopy cover is 

measured from the outermost edge of tree crowns within a group or clump of trees. It is not 

measured as a percentage of cover across a stand or project area.” More, “ID Teams have 

interpreted the measurement of canopy cover differently in the past. Plan Amendment direction 

is to measure canopy cover as defined above (dripline to dripline of the group)” (USDA 2007: 

9). The Forest Service seeks in the New Goshawk Guidelines to measure and retain canopy 

cover at spatial scales as small as 0.1-acre: 

Spacing and number of trees per and 1/10th acre group by VSS class to meet canopy 

cover requirements have been developed and may be found in marking guide templates. 

There are links to the templates at the end of this document in the Tools section. The 

following diagram shows different VSS class groups and general numbers of trees per 

group required to meet canopy cover requirements. Generally, smaller VSS size class 

groups should contain more trees per 1/10th acre equivalent. 

 (USDA 2007b: 9-10). 

Notes from a Forest Service planning meeting held on November 3-5, 2006, in Flagstaff, 

Arizona, clarify the agency’s intention to deviate from the scientific basis of the Forest Plan with 

a new interpretation of standards and guidelines for VSS and canopy cover.12 “The VSS class 

applies to the sub-stand-size groups which should not exceed 2-4 acres in size. Management 

recommendations are to develop / maintain groups from 1/10 to 1⁄4 acres in size.” The notes 

define “clump/group” as composing two zones including a “canopy zone” occupied by trees, 

which “is the basis for measurement of stocking guides, canopy cover, and group area (i.e. 1/10 

ac.).” And they state, “Do not count interspaces between groups.” 

The Arizona Game and Fish Department summarized the significance of the changes 

proposed by the New Goshawk Guidelines in comments to the Coconino National Forest on an 

Environmental Assessment for the Jack Smith Project13: 

All previous FS-GFFP planning projects have planned canopy cover reduction levels at 

the stand level. In this PA, the FS is proposing target canopy cover ranges at the group 

level as opposed to the stand level ... The Department finds that this change has the 

potential to significantly reduce the amount of forest cover within treated areas ... Under 

this proposal, overall canopy cover in this management zone could be reduced to as little 

as 10% canopy cover if measured across the stand ... By changing the canopy cover 

targets from the stand level to the group level, the Department is concerned that the FS 

 

12 Notes of the November 3-5, 2006, Forest Service planning meeting in Flagstaff, AZ., are attached to 

this letter for convenience. 

13 The June 5, 2007, letter from the Arizona Game and Fish Department to the Coconino National Forest 

regarding the Jack Smith Project is attached to this letter for convenience. 

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Center for Biological Diversity comment on Rim Lakes DEIS 28

may not be meeting the habitat requirements for [goshawk prey species], and also may 

not be meeting the habitat requirements for the northern goshawk per the 1996 Forest 

Plan Amendment. 

The Department also reported on the New Goshawk Guidelines to the Arizona Game and Fish 

Commission in a briefing on July 27, 2007, and stated that its concerns apply to national forests 

in the Southwest and not only to a single Forest Service action14: 

The Department has concern about a shift in how the Forest Service implements their 

own Northern Goshawk Guidelines within the current Forest Plan. One of the primary 

concerns the Department has with the new interpretation is that forest thinning treatments 

have the potential to reduce overall tree canopy cover to levels that may not meet the 

habitat needs for wildlife within those treated areas. The Department has vetted these 

concerns at several meetings and has been unable to resolve these concerns with the 

Forest Service. All previous Forest Service planning projects have planned canopy cover 

reduction levels at the stand level. Under the new interpretation of the goshawk 

guidelines, the Forest Service is proposing target canopy cover ranges at the group level 

as opposed to the stand level (where a group is defined as an aggregation of one or more 

clumps of trees of varying age and size interspersed with openings). 

The Management Recommendations for the Northern Goshawk in the Southwestern 

United States (GTR-RM-217) defines northern goshawk habitat through the structural 

habitat attributes of 14 of the hawk’s prey species. The canopy cover data described for 

these prey species, and for the northern goshawk, were measured at the stand level – not 

the tree group level. By changing the canopy cover targets from the stand level to the 

group level, the Department is concerned that the Forest Service may not be meeting the 

habitat requirements of those 14 wildlife species, and also may not be meeting the habitat 

requirements for the northern goshawk per the 1996 Forest Plan Amendment. 

Related to the new Forest Service guidance for implementing the northern goshawk 

guidelines, the Department is also concerned that the Forest Service proposed treatment 

might trend toward even-aged group selection over time. For example, the Forest Service 

proposed to regenerate groups of VSS 1 and 2 while reducing canopy cover for tree 

groups of other VSS classes. Managing tree groups by VSS class comes across as evenaged tree group management. However, scientific literature describing the historic range 

of variability in southwestern ponderosa pine does not find that tree groups were even 

aged. Rather, the literature suggests that tree groups were often comprised of multi-aged 

trees intermingled intimately in the same area (Long and Smith 2000, Mast et al. 1999, 

White 1985). Uneven aged tree composition within groups is important for vertical 

structure and provides forage and breeding habitat for songbirds as well as thermal cover 

for raptors as well as deer and elk. 

Department personnel from Regions I and II, Research Branch, Nongame Branch and 

Habitat Branch attended a workshop on the new interpretation in Flagstaff including a 

field trip to stands marked under the new interpretation. All the Department personnel 

who attended the workshop were concerned that the degree of openness permitted under 

 

14 Notes of the July 27, 2007, Arizona Game and Fish Commission briefing are attached to this letter for 

convenience. 

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Center for Biological Diversity comment on Rim Lakes DEIS 29

the new interpretation because of its potential to negatively impact forest wildlife 

including goshawk, squirrel, bear, turkey, and dense forest songbirds. 

The Forests have decided that they do not need to do any NEPA on these changes 

because they believe it is simply clarification of existing guidance. The Department is of 

the opinion that the Forests should have gone through the NEPA process, or at a 

minimum consulted with the state and federal fish and wildlife agencies. Consultation, or 

a forum for discussion, is necessary between the Forests and the Department to resolve 

these concerns. 

Furthermore, professional opinion within the Forest Service agrees that the New Goshawk 

Guidelines would significantly change management of goshawk habitat with potentially 

significant implications for vegetation treatment intensities and retention of forest structure: 

As much as we can, we are adapting current prescriptions to take into account interspaces 

between groups and we have adjusted these prescriptions to consider group size and how 

we look at groups ... The original analysis and documentation generally looked at how 

we interpreted the goshawk guidelines in the forest plan in a different manner as are 

currently looking at them. ... This will lead to a much more open forest over time than 

previous interpretations of the goshawk recommendations in the forest plans would have. 

Herron (2006).15 Managing goshawk habitat within clumps and groups, instead of at site or 

stand scales, leads to significantly different outcomes on the ground than what the Forest Service 

previously disclosed in NEPA analysis supporting the Forest Plan (USDA 1996a). For example, 

assuming a residual canopy cover within groups of 50 percent, and if groups occupy 50 percent 

of the stand, canopy cover at the stand scale will be 25 percent (Table CBD-1 – shown below). 

To prevent this outcome across the project area, the Forest Plan requires maintenance of canopy 

cover in northern goshawk habitat at stand scales. 

 The New Goshawk Guidelines and the plan amendments now proposed in Alternative B 

stray beyond the scope of the FEIS (USDA 1996a) supporting the Record of Decision that 

authorizes implementation of the Forest Plan (“ROD” – USDA 1996b). See FEIS at 24 

(“Currently, the best guidelines we have for desired conditions for the distribution of structural 

stages are the goshawk guidelines. These guidelines recommend for a foraging area a vegetation 

structural stage distribution of 20% in early, 40% in mid and 40% in late structural stage). In 

that FEIS, the Forest Service clearly intended to provide wildlife habitat associated with 

herbaceous and shrub-dominated vegetation communities within the VSS classification system: 

Some species totally depend on one or more of these cover types and respective 

vegetation structural stages (VSS), while others are casual uses. Regardless of the degree 

of use, it is important to maintain a diversity of cover types and vegetation structural 

stages across landscapes to sustain healthy wildlife populations and communities. 

This programmatic analysis of the alternatives is primarily based on three broad habitat 

characteristics that can be evaluated at the programmatic EIS level. These three wildlife 

 

15 Comments of a Kaibab National Forest silviculturalist regarding implementation of the new goshawk 

guidelines are attached to this letter for convenience. 

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Table CBD-1. Prescription intensities and canopy cover percentages measured at stand and group scales. 

habitat characteristics are cover type, vegetation structural stages (VSS), and forage 

production. Cover type and VSS represent the overstory characteristics of the habitat and 

forage production represents the understory. The structural stages are grouped by early, 

mid and late stages (VSS 1&2, VSS 3&4, and VSS 5&6, respectively). 

Id. at 28-29. The agency accounted for environmental effects of implementing the Forest Plan 

on wildlife species that require “forage production” as a critical element of habitat. See id. 30. 

(“The alternatives that would produce the most forage, in decreasing order, are E, A, F, C, D and 

G. Since understory habitat is important for many of the non-TES wildlife species and there is a 

need to increase understory habitats” [sic]). 

 

The Forest Service carried forward the analysis quoted above into Appendix C of the 

1996 ROD (USDA 1996b), which contains the following management standard for goshawk 

habitat: “Sustain a mosaic of vegetation densities (overstory and understory), age classes and 

species composition across the landscape. Provide foods and cover for goshawk prey.” To meet 

that standard, the Forest Plans incorporate the Management Recommendations for the Northern 

Goshawk in the Southwestern United States (Reynolds et al. 1992), which state on page 15: 

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We designed foraging areas consisting of forest conditions that would provide a high 

overall diversity and abundance of prey [...] Sufficient prey habitats are provided so 

there is food to support goshawks in all seasons, especially during winter when fewer 

prey are available, and in years when prey populations are low due to factors such as 

drought or deep snow cover. Because no single species will be abundant enough to 

support goshawks, especially during the winter, habitats for all 14 prey species are 

provided. 

In PFA, “prey habitat should be intermixed with dense hiding cover,” and features of prey 

habitat in PFA include “small (<2 acre) openings in the tree canopy to produce herbaceous and 

shrubby foods for the herbivorous prey” (Reynolds et al. 1992: 15-16). Those “openings” 

constitute VSS 1. See ROD at 92 (defining VSS 1 as “grass/forb/shrub”). In forage areas 

outside of PFA, the Forest Service applied the management recommendations to provide for a 

diversity of habitat conditions required by goshawk prey species. See Reynolds and others 

(1992: 16-17) (summarizing “the importance of snags, downed logs, openings, large trees, 

herbaceous and shrubby understories, and interspersion of VSS to the selected prey species of 

the goshawk”). The 1992 recommendations and the Forest Plans assume that “Openings, and 

associated herbaceous and shrubby vegetation, provide important food and cover for a number of 

goshawk prey species.” Id. at 17. The recommendations also acknowledge that “Interspersion 

measures the degree of intermixing of vegetation structural stages. Only the red squirrel responds 

negatively to interspersion of structural stages; its populations reach a maximum in unbroken old 

forests.” Id. at 18. Recognizing the importance of “closed forests” to red squirrel and six other 

goshawk prey species, 

[G]oshawk foraging habitat in the three forest types consists of forests with relatively 

open understories and large trees. Large trees are required for hunting perches, and 

openness provides opportunity for detection and capture of prey by goshawks. These 

forests have small to medium openings (<4 acres) and patches of dense mid-aged forests. 

Openings are scattered to: 

1) enhance the availability of food and habitat resources of prey that use them, 

and 

2) limit the effect of large openings on the distribution and abundance of prey 

species that use interior forests. 

Id. According to the Forest Service, “Alternative G incorporates the needs of the Mexican 

spotted owl and northern goshawk. The science behind the needs are contained in two 

publications, ‘Mexican Spotted Owl Recovery Plan’ and ‘Management Recommendations for 

the Northern Goshawk in the Southwestern United States’ (GTR RM-217, 1992).” FEIS at 27. 

Therefore, the Forest Plans provide for goshawk prey species with an assumption that 

approximately 20 percent of forests will consist of relatively open, early-seral vegetation, 

including created openings. The Forest Service stated in NEPA analysis that intermixing of the 

six VSS classes, as prescribed by the Forest Plan standards and guidelines and the scientific 

recommendations underlying them, will maintain viable populations of goshawk and its prey. 

 In the Rim Lakes DEIS, the Forest Service proposes a plan amendment that would 

“Manage to develop and maintain 20–40 percent of the uneven-aged stand as canopy gaps (VSS 

1 and VSS 2) and interspaces between tree groups.” DEIS at 26. Creation of interspaces within 

ponderosa pine stands and counting them separately from VSS 1 and VSS 2 will result in 

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Center for Biological Diversity comment on Rim Lakes DEIS 32

significantly less closed-canopy ponderosa pine forest in goshawk habitat than expected by the 

NEPA analysis supporting the Forest Plan. 

Even if the proposed amendments to the Forest Plan are “non-significant” at the scale of 

the project area, they may nonetheless significantly impact goshawk and its prey species in ways 

never before disclosed in NEPA analysis. Before implementing the project, the Forest Service is 

required to study and disclose effects of this new management strategy on goshawk and the 14 

prey species that were considered in the 1996 FEIS. 

The proposed amendments are significant because they would implement a broad policy 

shift for the Southwestern Region. The Forest Service is implementing the New Goshawk 

Guidelines, including creation of non-forest “interspaces” and retention of canopy cover at subsite scales, through project-specific Forest Plan amendments region wide. Similar plan 

amendments are proposed in the Four Forest Restoration Initiative (“4FRI”) Project affecting 

about 45,000 acres of goshawk habitat in the Coconino and Kaibab National Forests; in the 

Clints Well Project affecting 6,100 acres of goshawk habitat in the Coconino National Forest; 

and in the Mahan-Landmark Project affecting about 25,000 acres of goshawk habitat in the 

Coconino National Forest. At some point, the agency will be required to consider how all of 

these plan amendments coupled with the application of New Goshawk Guidelines throughout the 

region may affect the significance of each amendment. The DEIS does not consider how the 

plan amendments in Alternative B may cumulatively impact goshawk or its prey, and limits its 

analysis solely to the project area. 

 The Center stated in scoping comments on April 30, 2012, that amending the Forest Plan 

with the New Goshawk Guidelines, as proposed in Alternative B, 

introduces completely new concepts that have never before been subject to analysis or 

disclosure in any impact statement. The Rim Lakes EIS should fully disclose potentially 

significant direct, indirect and cumulative effects of the forest plan amendment to 

northern goshawk and the prey species whose viability the Forest Service assumes will be 

assured by implementation of the standards and guidelines. It also should disclose 

scientific controversy and uncertainty, unique or unknown risks, and the degree to which 

the action may be precedent setting. 

The Forest Service ignored this comment and failed to address goshawk or prey species viability, 

let alone controversy, uncertainty, risk or precedent. NEPA forbids this uninformed approach to 

the sea-change in management of goshawk habitat contemplated by Alternative B. 40 C.F.R. §§ 

1502.16; 1508.27. 

Furthermore, continued implementation the goshawk management recommendations 

(Reynolds et al. 1992) is scientifically controversial as a means of insuring population viability 

for goshawk and prey species. The Coconino Forest Biologist wrote to her colleagues that a 

study of influences of ponderosa pine forest structure on northern goshawk reproduction 

conducted by Beier and others (2008) “sort of rocks the world for the 1996 goshawk 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 382
Center for Biological Diversity comment on Rim Lakes DEIS 33

guidelines.”16 Beier and others (2008) detected a negative correlation of goshawk breeding 

productivity with territories that were treated by logging consistent with the recommendations 

(Reynolds et al. 1992). Beier and Ingraldi (2012) further discussed the implications of those 

findings regarding Forest Plan implementation and goshawk viability. Those findings agree with 

observations of Silver and others (unpubl. – available on request), who found evidence of the 

same phenomenon in the Kaibab National Forest, and stated, “Goshawks are known to be 

adapted to hunt in and to prefer closed forests... [L]ogging continues to negatively impact 

goshawk reproduction, regardless of the guidelines.”17

Allen’s lappet browed bat is among the rarest of North American bats and it relies on 

large ponderosa pine snags with exfoliating bark for maternal roosting habitat (Rabe et al. 1998, 

Solvesky 2007). Animals have been captured and studied within 1⁄4-mile of the Rim Lakes 

Project area. Human disturbance of roost habitat (i.e., snag destruction) can cause abandonment 

and negatively impact reproductive success. Use of tree roosts is common, so the bat is 

vulnerable to effects of logging and prescribed fire. 

Large snags that supply critical habitat for Allen’s bat may be destroyed by mechanical 

fuel treatments (Hunter et al. 2007). Prescribed fire may create new coarse woody structure by 

killing live trees, but any gain in new snags as a result of fire treatments is unlikely to offset their 

loss as existing coarse wood is irretrievably lost (Randall-Parker and Miller 2002). Rabe and 

others (1998) report the scarcity of snag habitat at a landscape scale in northern Arizona, and 

caution that snags are not equally suitable for use by bats. The project area is deficient in snag 

habitat compared to Forest Plan standards and guidelines. 

Neither of the action alternatives would meet Forest Plan standards and guidelines for 

snag habitat in ponderosa pine forest. See DEIS at 51 (Tables 11, 12, 13). Only Alternative C 

would meet comply with the Forest Plan 20 years after project implementation. Id. 52 (Table 

14). Any destruction of snag habitat in the project is likely to have cumulatively significant 

impacts on sensitive wildlife, coarse wood recruitment and forest soils. 

Indicator species

The Wallow fire significantly changed forest-wide habitat and population trends of 

management indicator species (“MIS”). See 2011 EA at 147 (footnote 10). Specifically, it 

changed forest-wide trends for northern goshawk, Merriam’s turkey, pygmy nuthatch, Mexican 

spotted owl and red squirrel. The Forest Service has never monitored populations of some MIS. 

In scoping comments, the Center asked the agency to “identify methods and information used to 

determine if the Rim Lakes Project will maintain viability” of MIS. 

 

16 See electronic mail of Cecelia Overby re: “Beier et al. paper,” Feb. 26, 2008 (“The authors conclude 

that the Forest Service should reconsider its decision to apply the guidelines to most of the forested 

lands in the region. Wow.”). 

17 CBD analysis of Forest Service data secured via FOIA citing the “analysis 2005 work 010506.” 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 383
Center for Biological Diversity comment on Rim Lakes DEIS 34

That information request is particularly important for red squirrel, which exclusively uses 

mature and old forest habitat. The Forest Plan standards and guidelines for management of 

northern goshawk habitat specifically provide for red squirrel by ensuring that 20% of 

landscapes will be maintained in older forest conditions. Alternative B in the DEIS would 

change habitat availability for red squirrel by (1) introducing interspace on 20% of the project 

area, (2) reducing VSS to 80% of the project area (and thereby the proportion of older forest); (3) 

shifting canopy cover retention to small group scales; (4) allowing removal of VSS 6 where it is 

currently deficit; and (5) allowing created openings to exceed four acres in size. The Forest 

Service never considers effects of the plan amendments on this late-seral obligate species. 

Dwarf mistletoe 

Forest Service research demonstrates the positive contributions of dwarf mistletoe to old 

growth forest and wildlife habitat and food resources (e.g., Hawksworth and Wiens 1996). Tree 

mortality caused by dwarf mistletoe infection creates natural openings and structural 

heterogeneity, which are among the desired conditions for the Rim Lakes Project area. Trees 

infected with dwarf mistletoe can directly or indirectly benefit wildlife (Filip 2005). Many 

vertebrate animal species consume mistletoe shoots and fruits, and use brooms for cover and as 

nesting sites (Hawksworth and Wiens 1996). Clary and Larson (1971) found that in certain years, 

ponderosa pine stands with dwarf mistletoe shelter significantly more deer than stands without 

dwarf mistletoe. Tassel-eared squirrel, northern goshawk and Mexican spotted owl prefer 

spatially heterogeneous patches of habitat that include large trees, dense canopy and diverse 

structure including coarse wood and mistletoe brooms. Those animals are threatened by large 

fires and by habitat degradation from silviculture (Beier and Machinski 2003). The Center 

presented this information in scoping comments and the Forest Service ignored it in the DEIS, 

which gives no attention to mistletoe-wildlife relationships. It only considers mistletoe as a 

“disease,” and focuses narrowly on ways to minimize its spread among trees. 

 Please notify me at the addresses shown below of all activity associated with the Rim 

Lakes Project. I wish to participate at every opportunity. 

Sincerely, 

Jay Lininger, Ecologist 

P.O. Box 25686 

Albuquerque, NM 87125 

Tel: (928) 853-9929 

Email: jlininger@biologicaldiversity.org

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 384
Center for Biological Diversity comment on Rim Lakes DEIS 35

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Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 391
Center for Biological Diversity comment on Rim Lakes DEIS 42

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ponderosa pine resistance to bark beetles in northern Arizona. Environmental 

Entomology 32:652-661. 

Westerling, A.L., H.G. Hidalgo, D.R. Cayan, and T.W. Swetnam. 2006. Warming and earlier 

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Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 392
United States Department of the Interior 

OFFICE OF THE SECRETARY 

Office of Environmental Policy and Compliance 

Pacific Southwest Region 

333 Bush Street, Suite 515 

San Francisco, CA 94104 

IN REPLY REFER TO:

ER# 12/700

Electronically Filed 

14 November 2012 

Sandy Hurlocker, District Ranger 

Santa Fe National Forest 

Española Ranger District 

1710 N. Riverside Drive 

Española, NM 87532 

Subject: Review of Draft Environmental Impact Statement (DEIS) for the Rim Lakes Forest 

Restoration Project (Project) on the Black Mesa Ranger District of the Apache-Sitgreaves 

National Forests, Coconino County, Arizona. 

Dear Ms. Hurlocker: 

The Department of the Interior has received and reviewed the subject document and has the 

following comments to offer. 

General Comments 

Migratory Birds 

The DEIS should provide in detail specifically when during the calendar year various aspects of 

the project will occur (burning, thinning, clearing, piling). It currently does not. However, the 

DEIS mentions (Table 73) that at least some burning (broadcast burning) as well as thinning and 

snag removal will occur during the nesting seasons of the local birds, and “unintentional take of 

nestlings is possible” for 8 species addressed in the table. 

Therefore, we can presume there will be incidental take of nestlings for most of the estimated 

130 species of birds that breed within the Project footprint. Of those, only two (less than 2 

percent) are addressed: Mexican spotted owl and northern goshawk. 

If burning, thinning, or clearing activities must occur during the nesting season (primarily April 

through August for this geographic area and altitude), the DEIS should explain why these 

activities must occur during this time period, and provide reasons why these activities cannot be 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 393
limited to occurring outside the nesting season (September through March). We recommend the 

DEIS document how the USFS plans to minimize these impacts and avoid violations of the 

Migratory Bird Treaty Act. 

The DEIS also does not address several species listed as Birds of Conservation Concern (BCC) 

(USFWS 2008) relevant to the area of the Project. The relevant Bird Conservation Region 

(BCR) for the project is BCR 34 (Sierra Madre Occidental); species listed as of concern for this 

BCR that are not addressed in the DEIS, but likely breed within the Project area, include gray 

vireo, pinon jay, phainopepla, black-throated gray warbler, and canyon towhee. 

Therefore, we recommend the DEIS explain how impacts to these species will be minimized. 

Also, the footnote to Table 73 cites the 2002 BCC list, not the current 2008 list, and it cites BCR 

16 (Southern Rockies/Colorado Plateau) rather than BCR 34. 

We appreciate the opportunity to review the proposed Rim Lakes Forest Restoration Project and 

DEIS. If you have any questions or need additional information, please contact Greg Hughes, 

Chief, Division of Migratory Birds, Albuquerque, New Mexico, at 505-248-6622. 

Sincerely, 

Patricia Sanderson Port 

Regional Environmental Officer 

Cc: 

Director, OEPC 

Loretta Sutton, OEPC staff contact 

Director, USGS 

Appendix E. Comment Letters Received on the DEIS FEIS for the Rim Lakes Forest Restoration Project 394