usda-forest service technical assistance trip liberia · 2009-10-21 · usda-forest service...

USDA-Forest Service Technical Assistance Trip Liberia

In Support of Liberian Forestry Initiative for Assistance in the

Development of Policies and Procedures for Environmental Impact Assessments

FINAL DRAFT REPORT

Mission Dates: Nov 5-12, 2005

Report Submitted by: ALAN CAMPBELL JOE KRUEGER USDA USDA Forest Service Office of the General Counsel Flathead NF Missoula, Montana Kalispell, Montana (406) 329-3272 (406) 758-5242 [email protected] [email protected]

mailto:[email protected]

mailto:[email protected]

TABLE OF CONTENTS SCOPE OF THE TECHNICAL ASSISTANCE 2 BACKGROUND 2 US Embassy Request and Objectives of the Technical Assistance Trip 2 1. Mission Objectives 2 ISSUES, FINDINGS AND RECOMMENDATIONS 2 Introduction 2

I. Development of a Forest Sector Management Plan 3 II. Meeting EIA requirements for existing and potential Timber 6

Utilization Contracts III. Development of draft Code of Forest Practices 8 IV. Forest Resources Utilization Contracts 9

CONCLUSIONS 9 APPENDICES APPENDIX A: Terms of Reference for USFS Technical Assist. Trip 10 APPENDIX B: Information, possible data sources, and data presentation which should be included within the EIA. 12 APPENDIX C: Example EIA for Forest Utilization Contract 27

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SCOPE OF THE TECHNICAL ASSISTANCE The overall goal of this technical assistance mission was to further define specific procedures in order to comply with the requirements of the Environment Protection and Management Law. This law requires environmental impact assessments (EIA) for certain forest activities. The target audience for this technical assistance was to include representatives from the Environmental Protection Agency (EPA), Forest Development Authority (FDA), non-governmental organizations (NGOs), and forest industry. The exchange of ideas envisioned with this technical assistance mission was limited due to election-related civil unrest that resulted in limiting travel and ultimately to a decision to cut short the mission by one week. Therefore, this report will focus on identifying critical elements of the land use planning and EIA procedures that must be considered for successful forest sector reform. We have also provided recommendations to the Liberia Forestry Initiative (LFI) on legal remedies that may need to be pursued for best integrating Environmental Impact Assessments into the management of Liberia’s forestlands. I. BACKGROUND

1. Objectives of the Technical Assistance Trip This technical assistance mission was developed in response to findings from the previous technical assistance mission regarding the development of procedures and training in environmental impact assessments. The findings from this report highlighted the importance of completing land use planning as a necessary prerequisite in order to guide where forest utilization contracts can be awarded. The goals, objectives, land suitability determinations, a code of forest practices and monitoring elements developed through a land management planning process are essential decisions that must be agreed upon prior to making subsequent decisions on where and to what extent certain forest related activities may or may not occur. . The primary objective of this technical assistance mission therefore, was to evaluate, recommend, and agree upon appropriate procedures for integrating the requirements for environmental reviews into forest sector reform.

II. ISSUES, FINDINGS AND RECOMMENDATIONS Introduction Discussions with various stakeholders working on forest sector reform suggested that land use planning and contract reform activities are progressing sufficiently to continue the process for defining necessary policies, procedures and examples for integrating EIAs into Forest Sector reform. To that end, during the mission in Liberia, the USFS technical experts reviewed existing legal and technical documents, and had personal communications with representatives of the Forest Development Authority, Environmental Protection Agency, and NGOs. The objective of this work was to obtain a clear understanding of what information and or regulations or procedures are needed in order to complete forest sector environmental impact assessments.

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The findings and recommendations have been presented under a number of headings, which are listed below. The primary two, relating to the development of forest management plans and the obligation to meet EIA requirements, are where considerable attention is devoted as these findings and recommendations are considered to have the greatest potential for immediately improving the current management conditions of Liberia’s forestlands. There are also two additional issues that were identified in our mission that we have also provided findings and recommendations for. Issue 1 Development of a National Forest Land Management Plan Issue 2 Meeting EIA requirements for Forest Resources Utilization Contracts Issue 3 Development of a code of forest practices or best management practices Issue 4 Forest Resources Utilization Contracts Issue 1: Development of a Forest Land Management Plan (FLMP). Finding: The recognition of the need for programmatic forest land management planning appears to have taken hold in our discussions with various stakeholders. Determining the appropriate steps to follow in completing this planning process is outside the scope of this particular mission. However, some general methodologies have been proposed here in order to provide context to the issue of how Environmental Impact Assessments can be utilized to better inform subsequent concession allocations. Recommendations: Much work has already been done in describing the existing condition of Liberia’s forest resource (World Bank, July 2004). This information depicts the existing various land use patterns across the country. This information combined with the desired land use patterns forms the basis for applying management prescriptions or management zones for respective areas. The following land classes were selected as these forested classes have the greatest potential to yield immediate environmental and social benefits from the implementation of land use planning: 2.3 mixed agriculture with forest areas 3.1 degraded areas with agriculture 3.2 open forest 3.3 closed forest

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World Bank 2004 The framework described above sets the stage for the next phase of determining the desired management regime for the areas depicted in land classes 2.3 through 3.3. The extent of planning, allocating and guiding forest management activities at this scale is very difficult due to the variety of environmental and social issues that must be addressed. Therefore, the planning work must be further subdivided. This subdivision is best accomplished by considering the existing and anticipated administrative and regulatory role that will be required for overseeing the land use planning and EIA procedures. The existing FDA organization includes regional offices with authority/control across 5 geographic areas. This forms a convenient and logical subdivision of regions to facilitate land management planning. The framework described above sets the stage for the next phase of preliminarily determining the desired land use categories. The final management regime for the areas depicted by region in land classes 2.3 through 3.3 would be authorized by a vote of an advisory committee after public involvement. Determining desired management regimes for these regions is done by first considering existing land uses and trying to maximize national forest policy goals and management objectives. For example the National Forest Policy includes strategies for commercial forestry, community forestry and forest conservation. Allocating areas to meet these strategic emphasis items is the focus of the next step. The potential land allocations or desired management regimes for these areas include the following:

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Potential Management Regimes [Use of IUCN Categories can also be utilized here instead)

Multi Use Areas - includes the production of wood and non-wood forest products, plus the use of forests for other purposes such as: cultural rituals; future farmland and settlement areas; community forests, and the protection of sacred sites. Multi use areas would serve the interests of people who live in and on the fringes of forest areas. Criteria to consider include, cultural and traditional use areas, proximity to communities, resources provided to communities. These areas are adjacent to or in close proximity to communities. These areas would generally be allocated from areas currently in land classifications 2.3 and 3.1.

Commercial forestry. These are areas that would be allocated to the long term sustained yield of commercial timber. It could also include areas that would be allocated to conversion to plantations. These areas are allocated to the production and processing of wood and non-wood forest products for profit. The aim of commercial forestry is the sustainable production of forest products and the development of viable forest-based industries. Revenues from forest taxes and charges can be used to finance public sector administration of the sector and government expenditure on public goods and services. Areas with high potential for allocation as commercial forests include areas 3.2 and 3.3 (closed dense and open dense forests).

Protected Areas – These are areas set aside for non-timber purposes These are areas that focus on the management of specific sites of high conservation value. The strategy for forest conservation will focus on wildlife and protected area management, management of wetlands and mangroves and the development of ecotourism and nature tourism. This category could include a number of sub-categories of land allocations from national parks, to biodiversity reserves, to areas managed for non-timber forest products

Management Areas would be applied only to land classes 2.3 through 3.3. (ie exclude areas that are generally predominately or exclusively agricultural lands) The processes described above would be completed by the FDA and serve to initially propose allocations of the forest lands within the planning area to management areas, and thus preliminarily determine the mix of uses which best meets the forest policy objectives. The following general process should be considered for achieving agreement of the Forest land management area allocation This process is consistent with the Environmental Policy Act of Liberia

1. Create a working group which includes an interdisciplinary team composed of a variety of resource expertise.

2. The working group should consider: a. the biological, socio-economic, cultural and other resources; b. the existence of human presence and resource needs and utilization on

the resources to be managed; conduct scoping with local communities, other agencies, NGO’s and other interested public to determine the issues of most importance

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c. the possible impacts of the activities that would be allowable under the proposed management areas on the natural resources and the human presence in the area

d. the existing land use conditions based on satellite imagery or other existing data.

3. Propose land use allocations based on the agency’s best attempt to provide the maximum economic and non-economic benefits.

4. Map the proposed land allocations at a scale of 1:100000. 5. Solicit comments and hold meetings with affected interests and communities 6. Based on comments and feedback revise the draft LMP. 7. Finalize the LMP which will consist of a series of Maps showing areas

allocated to the various uses. The development of FLMPs, that (1) document the analysis of environmental considerations, and (2) include the public involvement requirements of the EIA legislation, and (3) include the consideration and documentation of reasonable land use alternatives should be sufficient to enable the Liberian government to amake informed decisions regarding the award of forest utilization contracts for suitable areas. This documentation of these land use decisions by following the procedures outlined above is the preferred recommendation for meeting the EIA requirements of the EPA legislation. Issue 2: Meeting EIA requirements for Forest Resources Utilization Contracts. Finding: Forest sector reform in Liberia is focused on three elements consisting of (1) improved forest land use planning, (2) contract reform with competitive bidding, and (3) and requirements for forest sector activities to undergo Environmental Impact Assessments. While these elements have the potential to greatly improve the integrity of forest management in Liberia, there are several aspects of the EIA legislation that may not complement the first two forest sector reform elements. The law currently expects the project proponent to fund and complete the EIA requirements with the Liberian government having oversight responsibilities. This relationship results in an EIA process that is more of an environmental effects disclosure process rather than a tool to be used to determine whether commercial timber operations should occur. More specifically, the competitive bidding process along with a proponent pay EIA process results in EIAs only being useful as a disclosure and potentially a mitigating document. Addressing alternative management approaches in an EIA process after a forest utilization contract has been awarded is counterproductive. This scenario therefore mandates a process in which informed decision-making, public input, and detailed forest management requirements are established prior to the award of a forest contract. The land management process with public input is beginning to take shape but the need for detailed forest practice standards in contracts is just beginning to be recognized. The technical assistance team recommends development of a Liberian Code of Forest Practices that would be binding on all concession holders. Potential bidders would need to know of these requirements prior to bidding and would be required to follow the code of forest practices or be liable for breach of contract terms. An example code of forest practices is included in finding #3. Recommendations:

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It is our opinion that the simplest and fastest way for Liberia’s Forest reform to begin seeing results is to conduct a simplified EIA prepared in conjunction with development of the Forest Land Management Plan. The land management plan coupled with a forest practice code are the decision elements that merit a programmatic environmental impact assessment process. The land management allocations serve as the alternative development aspects for the EIA process. This process is expected to be largely conducted by FDA, EPA, NGO’s and industry participants. This is conistent with the legislative requirements to have an EIA completed for forest sector activities. After completion of this process, the FDA could propose to advertise a concession in areas determined to be suitable under the FLMP. After evaluation of the request, the government would prepare a contract prospectus for areas determined to be suitable for commercial forest sector activities and competitive bidding on the prospectus would commence. The contract would then be awarded to the company that provides the best value to the people of Liberia. The company awarded the contract would then be required to submit a forest management plan for review by FDA/EPA and local communities for review and comment. This plan should address long term capital investment as well as sufficiently detail the upcoming 5 year harvest plan. The information needs and potential data sources for the forest management plan are outlined in appendix B. Another possible alternative to meeting the EIA requirements for forest sector activities includes having the successful bidder complete the EIA process. This process is not the recommendation of this technical assistance mission but information ( including an EIA template attached as Appendix C) has been included here to provide insight into how to implement this process if determined to be the approach of the FDA and EPA. The following section clarifies what information is appropriate if it is determined that having a successful bidder (proponent pay) meet the EIA requirements is the preferred arrangement. The following is directly taken from relavant section of the EIA legislation and includes references to specific exhibits that can serve as examples. The Act itself and the following guidance should be followed in completing EIA requirements. Section 6 Application for an EIA License (page 19 of the Act) Contract holder must submit an application for an EIA license. Section 7 Notice of Intent (page 19 of the Act) The contract holder must publish a notice of intent in newspaper with largest circulation in Monrovia as well as in newspapers that are available in region and area of contract.

a) the nature of project is forest resources utilization contract b) See Act c) Activities are timber harvest, road building, transport of timber, and any other

activities authorized or required under the contract d) Duration of contract ie, The timber utilization contract is for a period of 25

years. e) See Act

Section 8 Submission of a Project Brief (page 19 of the Act)

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A project brief is not required as timber utilization contracts require the preparation of an environmental impact statement. Section 9 (page 19 of the Act) The contract holder is responsible for all costs associated with preparation of the EIS. Section 10 (page 19 of the Act) Not Applicable Section 11 The Scoping Process(page 21 of the Act) Contract holder is responsible for providing notice to the public and affected stakeholders by appropriate methods ie., newspapers, radio, flyers of the proposed project. The period of time requesting public input should be for a period of at least 30 days. Information to be included in the scoping notice should include the following. For example: XX Timber company has been awarded a forest utilization contract for the annual harvest and removal of timber on up to xx hectares (4% coup) in Tubmanville (provide as detailed a reference to area under contract as possible). The contract is for a period of 25 years. The XX company is developing a Forest Management Plan which will cover timber harvest activity for the next 5 years. Request comments and concerns regarding the proposed activity. Record, document and maintain copies of all correspondence provided and received. A copy of a scoping notice is attached as exhibit XX Section 12 (page 22 of the Act) Not Applicable Section 13 (page 22 of the Act) Not applicable Section 14 Environmental Impact Statement (page 23 of the Act) Contract holder is responsible for preparing and submitting an EIS as well as a non technical summary to the Agency through the County Environment Officer. The EIS should be organized into 3 chapters. Appendix B of this report provides detailed criteria for information that would be necessary to include in an EIA as well as potential sources of this information and how the information could be displayed. Appendix C includes an example of an EIA that can be used as a basic template for timber contract EIAs. Chapter One includes the detailed description of the project. Who, what, when, where, why. The description here is more detailed than the one previously provided under scoping because the description in chapter one should also include all mitigation measures that are also prescribed under the contract provisions. Chapter Two includes a description of the issues identified during scoping. The issues identified should focus on those aspects of the project that are susceptible to mitigation/modification at this stage. Thus the decision to log or not to log has been made. However, site specific issues that are unique or site specific are still open to decision. These would include such things as specific community use areas or areas of unique character that were not considered in the Land Management Plan

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Chapter Three includes a description of the affected resources as well as a description of the direct, indirect, and cumulative effects. Section 15 Comprehensive Environmental Mitigation Plan and Implementation Strategy (page 23 of the Act) This information should have been included in the detailed description required in chapter one from section 14. Section 16 Review of Environmental Impact Statements (page 24 of the Act) Make EIS available to government agencies and the public for at least 45 days. Make efforts to involve local communities through open houses or work sessions to explain the document and how they may comment or have their views considered. Issue 3: Development of draft code of forest practices or best management practices Finding: In order to insure that resources are developed in a sustainable manner a code of forest practices(“COP”) should be adopted which serves to guide forest development. Such practices are the hallmark of responsible forest development. Model practices have been developed for tropical forestry operations and could easily be adapted to Liberia1 It is our finding that good land management planning which seeks to meet societies various desires for commercial and non-commercial forest uses coupled with a good set of mandatory forest practices would achieve the goal of reforming forest management practices to encourage sustainable use. A code of forest practices however is of little value unless it is understood, applied, and enforced. It is therefore imperative that FDA be staffed adequately to monitor and enforce any code of practice and that FDA personnel be trained adequately in COP procedures to be able to effectively implement and enforce the code. We have provided a draft Code of Forest Practices [attachment 1) which could serve to focus discussions on this important aspect of forestry reform. Recommendations: We recommend that the FDA adopt a mandatory code of practice and that sufficient resources be allocated to insure that there are sufficient trained personnel to implement and enforce the code. Issue 4: Forest Resources Utilization Contract Finding: The Forest Resources Utilization Contract is the means by which a code of practice and/or stipulations developed through the EIA process get implemented on the ground. The draft forest utilization contract is a very good start towards implementing a performance based contract which provides for effective oversight and control of forest operations. If Liberia adopts a mandatory code of forest

1 See Dykstra, Dennis P. and Rudolf Heinrich, 1996, FAO Model Code of Harvesting Practice. Food and Agricultural Organization of United Nations, Rome; Ghana Forestry Dept. Planning Branch, 1998. Loggng Manual for Ghana; Guyana Forestry Commission, 2002. Guyana Code of Practice for Timber Harvesting.

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practices it may be possible to shorten the draft contract based on the code of practices being incorporated into the contract by reference. Recommendations: Review the draft forest utilization contract and proposed code of forest practices to eliminate duplicate treatment of issues. Include in the contract a clause for environmental modification to address issues identified through the Forest Management Plan process which were not identified during the concession bidding process. CONCLUSION The requirement to conduct an EIA can serve as a valuable disclosure tool for the FDA and public to help insure transparency in the public forest sector. It can serve to identify specific practices necessary to implement a code of practices. It can also serve as an action-forcing mechanism to facilitate the development of a social contract with locally affected communities and thereby help develop support for commercial forest practices. The findings and recommendations are intended to illustrate specific methodology and examples of how EIA’s can be used to effectively enact better land management decisionmaking.

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Appendix A

Terms of Reference – Environmental Impact Assessment

Liberia Detail November 5th to November 21st, 2005

Joe Krueger and Alan Campbell, USFS

Context: Liberia passed legislation creating the both the Environmental Protection Act and establishing a requirement that all natural resources based industries must complete an Environmental Impact Assessment as part of any evaluation process for contracting of management or use rights of any natural resource. All current and future forest concessions therefore must complete an EIA in compliance with this established law. However, the EPA does not currently have national or sector specific guidelines and standards for completing the said EIA. The UNDP is currently working on a program in collaboration with the EPA to develop a basic set of interim standards for the national level to facilitate the development of sector specific standards. The legislation creating the EPA also calls for the sector specific committees to be developed to ensure that EPA laws are followed. In the case of the FDA, an EPA/FDA committee is being named specifically to begin developing this cross-department relationship. The committee will serve as the main work liaison for the EIA consultants. Several of the EPA staff have undergone training in EIA and have a working knowledge of the process, however, currently no one at the FDA has been trained in EIA applications. To facilitate the development of EIA Standards for forest concessions, and to train FDA/EPA employees in the implementation of these standards as well as compliance monitoring, the USDA Forest Service will send two staff foresters: the first forester is an expert in environmental impact assessment and the second forester is an expert in environmental impact assessment legal framework and structure design. The previous mission by USFS personnel recommended that the EIA process be divided into two phases:

1. Phase one: would be completed by the FDA and serve to determine if logging should take place in a given forest area or not.

2. Phase two: The EIA for the individual concession area would be completed, as defined by the EPA law, by the concession holder to ensure that all environmental effects would be mitigated by the logging company through best practices techniques.

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The duties of the experts during the mission are listed below in the specific terms of reference. Terms of Reference:

1. Work with USFS LTTA, FDA and EPA designates in Monrovia to define two week work plan to complete all points on terms of reference.

2. Evaluate current EPA and FDA legislation and documents with the working team for current EIA requirements and implementation procedures

3. Hold one day workshop with FDA and EPA key staff on EIA; subject matter should include purpose, how, when where and why of EIA.

4. Hold working sessions to develop basic FDA land evaluation procedures and standards to determine land use management decisions before concession prospectus are developed and concessions are assigned for tender (basic question to answer: Can logging occur or not in an area without lasting or irreversible environmental damage?).

5. Hold working sessions to developing Forestry Sector EIA procedures and standards to be implemented by individual companies after concession are granted through the bidding process.

6. Ensure consistency with current EPA legislation and legal framework for FDA to implement EIA process.

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Appendix B

The following sets forth a detailed discussion of the information, possible data sources, and data presentation which should be included within the 5 year Forest Management Plan developed by the contract holder.

1.0 INTRODUCTION

The Forest Management Plan is based upon a detailed social, economical and environmental appraisal, setting out the order and extent of all activities to be carried out in a concession over a 5-7 year period. Annual plans are designed to set out activities for one year.

The Forest Management Plan is designed to achieve the following objectives:

1. To describe and evaluate the commercial potential of the forest resources in the plan area

2. To describe and evaluate the effects of activities on the environment over the planning period

3. To protect fragile land on steep slopes, protecting water supplies and protecting the forest’s wildlife and biological diversity in general through adherence to a recognized code of forest practice.

4. To address social issues associated with commercial timber operations and obtain local community support for forest management

The Forest Management Plan should ultimately describe how each of these objectives will be met. 2.0 EXECUTIVE SUMMARY The company is required to present an executive summary of the major findings and conclusions Plan. This executive summary should include: the plan period: the area to be harvested during the period and projected volumes of timber to be extracted; major works to be carried out including length of main road(s), bridges, buildings, port facilities; major equipment to be purchased; training programs; social infrastructure and programs; and important forest protection and conservation activities. 3.0 COMPANY PROFILE INFORMATION REQUIRED

- Name of company - Corporate structure of the company - Commercial interests/general objectives of the company - Organizational structure of the company

SOURCES OF INFORMATION -Company records - Extracts from Articles of Incorporation (of the Company)

4.0 BACKGROUND TO THE PLAN 4.1 LOCATION AND LEGAL STATUS

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INFORMATION REQUIRED - Copy of the concession contract - The date of issue and date of expiration - Area of concession (hectares)

SOURCES OF INFORMATION - Company records - FDA

4.1.2 GEOGRAPHIC LOCATION INFORMATION REQUIRED

- General idea of the location of the concession based on natural surrounding features such as rivers, large creeks, heritage/historical sites, monuments etc.

- The administrative region(s) in which the concession is situated. - Accessibility in terms of major access roads, rivers to area.

SOURCES OF INFORMATION - A general map at a scale of approximately 1:100,000

MANNER OF PRESENTATION OF DATA - The information should be presented in descriptive and diagrammatic form

(maps). 4.1.3 DESCRIPTION OF BOUNDARIES INFORMATION REQUIRED -Description of all external boundaries of the

area - A copy of a map scale 1:50,000 attached in the appendix showing the

boundaries clearly outlined. This map should give accurate distances and computation of bearings so as to prevent errors on the ground

SOURCES OF INFORMATION REQUIRED - FDA or company mapping

MANNER OF PRESENTATION OF DATA - Appropriate extracts from the contract. - A map of the concession in scale 1:50,000.

4.1.4 VILLAGES AND COMMUNITIES WITHIN/NEIGHBOURING CONCESSION

INFORMATION REQUIRED - Information should be given on the presence of any villages and

communities within and neighboring the concession. - If there are any villages/communities present, the estimates of residents

should be given. SOURCES OF INFORMATION

- A general map of Liberia scale 1:100,000/1:50,000 showing communities/villages in relation to the concession is needed. The concessionaire will seek to get information on the villages/communities present in relation to the number of residents, education etc.

PRESENTATION OF DATA - General statistical data, e.g. estimated number of men, women and children, occupation etc.

- A map on scale 1:50,000 indicating the location of the communities (if any).

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4.2 NATURAL ENVIRONMENT 4.2.1 TOPOGRAPHY AND HYDROLOGY INFORMATION REQUIRED - A description of the main drainage system (main rivers and creeks). - A description of the terrain in terms of the relative altitudes in different

parts of the concession (including the highest point). - Evidence of rock outcrops - Presence and extent of swamps or poorly drained terrain.

SOURCES OF THE INFORMATION - Topographical maps - Geological maps - Reconnaissance surveys - satellite imagery

MANNER OF PRESENTATION OF THE INFORMATION

- Iinclude a topographical map at a scale of 1:50,000 identifying areas which may not be logged due to mountainous terrain, extensive swamps, or significant rock out-crops; required buffer (riparian) zones along rivers and large creeks must be clearly identified.

- Analysis must be provided describing the constraints represented by difficult terrain, especially in terms of engineering considerations (gradient for roads, choice of tractors and logging trucks and number and type of bridges).

4.2.2 GEOLOGY AND SOILS INFORMATION REQUIRED

- Main soil types in the area. - Potential sources (quarries) for road building material, such as laterite. - General information on prevailing agricultural or mining activity in the

area. SOURCES OF INFORMATION

- FDA - Geology and Mines Administration (is there one?) - Reconnaissance surveys by the concessionaire

MANNER OF PRESENTATION OF THE INFORMATON - A map of the concession area showing soil types. - A table showing soil types and their relative percentages of the total area. - An analysis of the implications of the different soil types for

environmental and silvicultural considerations. 4.2.3 CLIMATE INFORMATION REQUIRED

-The basic weather pattern in the area - very dry months

- very wet months - Mean monthly figures on precipitation

Evidence of flooding or localized storms including evidence of storm damage to standing timber.

SOURCES OF INFORMATION

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- Meteorological Department ? - Ministry of Agriculture ? - FDA? - Reconnaissance Surveys by the concessionaire MANNER OF PRESENTATION OF THE INFORMATION

- A simple graphical illustration of rainfall within area. - An analysis of the implications of weather patterns for logging operations . 4.2.4 VEGETATION AND FOREST TYPES INFORMATION REQUIRED

- An account of all the various forest types in relation to their topographical position.

- The relative percentage and actual area of each forest type in the

concession area. - The estimated number of stems per hectare per forest type (stand tables)

and by species / species groups. - The estimated standing volume per hectare per forest type and by species /

species groups. - A list of the more frequent species in the concession. - Source(s) of inventory data, intensity of inventory, number and

distribution of samples methodology employed, manner of calculation of estimated standing volume.

SOURCES OF INFORMATION - Aerial photographs - Forest Inventories by/for the concessionaires - Other concessionaires


- A vegetation map (scale 1:50,000 or 1:100,000). - A table showing all forest types and their relative percentage of the total

productive forest area. - A table showing the productive forest area versus the non-productive

forest area and their relative percentage of the total forest area. - A table showing estimated commercial volume per hectare per forest type.

-A table showing estimated number of commercial stems per hectare per forest type.

- Distribution of diameter classes by species and assessment of regeneration. 4.3 AREA MANAGEMENT HISTORY

INFORMATION REQUIRED

- Name of previous concession holder (if any) - Period during which the area was exploited - Main products harvested - Extent and location of areas harvested - Estimated volume by product harvested - Special peculiarities of past logging history

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− e.g. felling by axe, chainsaw/sawpit operation

- Other Peculiarities − evidence of extensive cultivated areas − past non-forestry activities SOURCES OF INFORMATION

- Reconnaissance surveys including discussions with residents in or near the area.

- Personal records of the concessionaire, if the concessionaire has been logging the area before.

- FDA Head Office/field stations: these can advise on the persons to whom a particular area was allocated before; there may be a limit as to how much information field offices of the FDA can provide.


- An account describing clearly the major historical events. - Estimated volume by product should be put in a table in the following

format:

TABLE: 3.A-Production recorded during period:…………….

GENERAL AREA PRODUCT SPECIES VOLUME UNIT Logs m3

Charcoal

other

- There is need to include a map showing clearly exploited areas, degraded areas and areas available for exploitation.

- The relative percentage of the various categories (productive area,

degraded area, protected areas) must be presented either in a graph or in a table.

Category Area (ha) Percentage Productive 45,000 71 Non productive Degraded Swamp Inaccessible Total 4.4 ECONOMIC ENVIRONMENT

4.4.1 EXISTING PHYSICAL INFRASTRUCTURE

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- Size of any logging camps (in hectares). - Legal status of area (private property, agricultural lease, etc.). - A complete description of all facilities (residential quarters, bonds,

storehouses, garages, factories, wharves, workshops: the location of each should be identified).


- Records of the company


- A plan of the main village/towns - A map (scale 1:50,000) or plan showing the location of the main facility as

well as the field facilities on the concession area. 4.4.2 ROADS AND BRIDGES

ΙNFORMATION REQUIRED

- If the area has been previously occupied, details of the primary road network should be illustrated by a map.

- Proposed (primary) roads to be constructed in the concession area with detailed roading specification.

- State of any public roads near the concession area. - Type, disposition and status of bridges.

SOURCES OF INFORMATION - Company records - Topographic maps - Reconnaissance surveys

MANNER OF PRESENTATION OF THE DATA

- A topographic map showing the location of all existing and proposed roads and bridges.

- Details should be provided both in descriptive and diagrammatic forms. 5.0 SILVICULTURE 5.1 SILVICULTURE SYSTEM INFORMATION REQUIRED

- Definition and description of silvicultural system that will be implemented by the concessionaire. For example, enrichment planting, refinement, post-harvest treatments, thinning, tending.

- For each forest type, a description of harvesting procedures that have

silvicultural components to be carried out should be stated. For example, tree selection, directional felling, winching.

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- For each species (or species group) to be harvested an indication of the limits to be imposed on numbers and diameter of trees to be harvested, and number/percentage of seed trees to be retained.


- Forest types

- Forest inventory - Markets and utilization - The Code of Practice sets general guidelines for the maximum removals

per hectare for all species - The contract identifies minimum diameter limits for species - NGOs. (Conservation International, Flora and Fauna International,

CIFOR, others) - Other concessionaires


- Analysis of the impacts of the choice of Silviculture-system. - The resources allocated within the organizational structure for silvicultural

work.

6.0 PHYSICAL AND OPERATIONAL CONSTRAINTS

i) NON PRODUCTIVE AREAS

Identification of non-productive areas of the concession. These will include areas of non-forest or non-commercial forest (swamps, savannahs), areas that are inaccessible for harvesting, buffer strips, steep slopes, and areas of special cultural, religious or historical significance.

ii) PRODUCTIVE AREAS Identification of productive area and division into compartments. Compartments are the unit of management. It is advisable that boundaries follow topographic features. The maximum compartment size should be based on topographic features, productivity estimates and on planned cutting cycle (4% annual Coup) Compartments must be permanent and numbered. Estimates should be made of gross and net areas (excluding, for example riparian reserves) and (if possible) area of each forest type within the compartment. The order in which compartments are to be harvested (and the planned harvest year) should be indicated. Both classification types should be addressed in the FMP on the basis of extensive reconnaissance surveys and consultations with the FDA and the EPA. INFORMATION REQUIRED

- Identification of productive and non-productive forests.

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- A table illustrating the relative percentages of production and non-productive forests

- A list of compartments, a description of their respective boundaries, the acreage of each compartment, the criteria used for selecting and demarcating compartments, and the coding system used to identify compartments.

- Plans for primary roads showing road numbers (road alignment on map) and the year in which road sections are to be opened.

- Proposed location of other infrastructure including major logging depots, processing facilities and key forward camps, and when these are to be constructed.


- Reconnaissance surveys by the concessionaire - Topographic maps - FDA’s Code of Practice for Forest Operations

MANNER OF PRESENTATION OF THE DATA

- A stock map of the entire concession (giving an idea of the distribution and extent of forest types, productive and non-productive zones, location of compartments, the location of the primary road system, and the location of sites for major events such as villages and log depots.

- A table showing all the compartments and their respective identification codes by area and estimated (sequential) period of development and or exploitation.

- A table showing linear road distance per compartment and expected date of development of the road system in each compartment.

- A table showing the expected start/completion date of the development of each major site identified for villages, forward camps, major log depots, and processing sites (if any) within the concession.

7.0 FOREST INVENTORY DESIGN 7.1 MANAGEMENT LEVEL INVENTORY INFORMATION REQUIRED

- A statement of the objectives of the inventory - Inventory methodology (random, systematic), including sampling

intensity and target precision - The type of plots or sample points, and a map showing their distribution - The fixed area - area, form, shape or Basal Area Factor(s) if point

sampling used - The distance between plots - The number of plots (a function of CV, Probability Level, desired

error and sampling fraction) - Proposed tree marking scheme - The type of data recorded, including a sample of field forms(s) used - The minimum dbh recorded, and maximum if applicable - A list of inventoried and utilized species - The methods of assessing tree condition and or quality - The methods of estimating volume - The procedures for analysis and presentation of data

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- A clear explanation (and justification) indicating whether or not, and why potential commercial species are included in the inventory.

The inventory must describe, for each forest type, the stocking of the major commercial species by diameter classes including an estimate of standing volume. For each forest type a sampling error should be given for the total number of commercial trees per hectare. A pilot survey will normally be required, or existing inventory information referred to, to determine the sampling intensity to achieve the required precision. SOURCES OF INFORMATION

- FDA - Concessionaires are expected to employ professional foresters with

inventory experience. . MANNER OF PRESENTATION OF THE DATA

- Description of the methodology. - A table showing the planned distribution of sample plots by forest type and

compartment. - A description of data analysis, procedures and summary of results

examples of field forms and result tables. - It is important that there be a clear explanation of the methods of

estimating the parameters of the forest. This is necessary due to the cost involved, and the considerable amount of planning which will be directly related to the information obtained

9.2 PRE-HARVEST INVENTORY


- A clear explanation of the methodology used to implement the enumeration. The species selected for harvesting will be used for planning purposes. This should include a clear definition of the criteria used for selecting trees for enumeration (species, diameter range, quality, category, etc).

- The concessionaire should give reasons why potential crop trees are or are not included in the pre-harvest inventory. This inventory should be made to check whether planned skid trail patterns were achieved .

SOURCES OF INFORMATION - FDA - Code Of Practice For Forest Operations - Other Concessionaires - examination of concession by professional foresters


- A statement of objectives of the inventory and description of the methodology.

- A description of data analysis, procedures and summary of results, examples of field forms and result tables.

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- A tree location map per block for the first compartment only preferably on graph paper showing all trees enumerated (identifying the key species), the trees to be harvested and the location of the skid trails.

- A program showing timetable for completion of inventory work. 7.4 GROWTH, YIELD AND DEFECT DATA


- Information on the rate of growth of any species of interest. - Information on the correlation between dbh and the prevalence and nature

of defects and soil types. SOURCES OF INFORMATION

- FDA - Past practices - Other concessionaires

APPLICATION FOR MANAGEMENT PURPOSES

- Growth and yield data is used to predict changes in the volume of growing stock and in setting realistic rotation or harvesting cycles.

- Defect data is used to generate more realistic estimates of standing commercial volume


- Estimates of annual increment/area - Volume equations if these already incorporate a defect factor - Tables or graphs for growth and yield data - Sources of the information

8.0 PRODUCTION OPERATIONS 8.1 YIELD REGULATION AND PRODUCTION ORGANISATION 8.1.1 CALCULATION OF CUTTING CYCLE AND ANNUAL ALLOWABLE CUT


- The Annual Allowable Cut (AAC) is the amount of forest product that can be harvested from the concession on a sustainable basis each year taken into consideration the assumed 4% annual coup. The AAC is calculated from the best information available on the area of the resource available for production, the average volume available per productive hectare, and the cutting cycle. The AAC is constrained by the rate of volume increment of the commercial species. The AAC is also constrained by the number of species that can be marketed.

For example

Company XYZ obtains a concession comprising 30,000 ha for a period of 20 years

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with an option for renewal for 20 years. If the productive forest within the concession is 24,000 ha, then the total allowable cut would be 24,000 ha x 20m

3

= 480,000 m3

, and the annual allowable cut would be 480,000 m

3

divided by 60 years = 8,000 m

3

/year.

that is, Total concession area = 30,000 ha

Productive forest area = 24,000 ha

Assume allowable harvest of 20m3

/ha per cutting cycle

therefore, total allowable cut = 24,000 x 20m3

= 480,000 m3

Concession period = 20 years

therefore, annual allowable cut = 24,000 ha x 20m3

divided by 60 yrs

= 8,000 m3

/yr

In the above example, the concession period is less than the assumed cutting cycle of 60 years. Therefore, the concessionaire should only harvest a proportion of the concession. The proportion that should be harvested is equivalent to the concession period divided by the cutting cycle, that is 20/60 = 1/3. If the concessionaire renews the concession for a further 20 years, another third of the productive area may be harvested within the renewal period.


- The net productive area of the concession is determined in section 6. The average volume available per hectare is obtained from the results of the management level inventory. Note that a check should be made to ensure that the inventory has sampled all of the net productive area, in particular that plot locations are not biased by excluding areas of low stocking, or areas that cannot be harvested.

- The best current estimate of the cutting cycle for timber is about ? years. This is based on growth data obtained by the FDA. Cutting cycles for other products must be based on the best available growth information

- Limits per hectare harvests are detailed in the Code of Practice - The companies marketing plan, should be referred to, to determine the

species that can be considered when calculating the AAC. MANNER OF PRESENTATION OF THE INFORMATION

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- The information and assumptions used to calculate the AAC must be detailed, with reference to the productive area within the concession and the inventory conducted.

- The calculation of AAC must be detailed for each species to be marketed and for all species combined.

8.2 SCHEDULE OF TIMBER PRODUCTION

INFORMATION REQUIRED - The concession area should be divided into compartments and the order in

which they are to be harvested. If the management level inventory has been stratified by forest type, and the area of each type can be determined at a compartment level, it will be possible to predict the product mixture that will be available from each compartment each year. The sequence of harvesting operations may be modified to ensure continual production of certain product types.


- Compartment information and management level inventory information. - The maximum level of production will be informed by the AAC


- The schedule may be presented in a tabular format with column headings: harvest year, compartment, forest type, area, product volume by species

9.0 HARVESTING OPERATIONS 9.1 MACHINERY INFORMATION REQUIRED

- Information on all machinery proposed to be used during the Management Plan period

- Machinery should be detailed by operation (roading, harvesting, log transport),


- Company Manufacturers handbooks and specifications MANNER OF PRESENTATION

- Description of machine types and how they are to be deployed. -Assumptions made on the productivity of each unit.

9.2 LOGGING PROCEDURES AND RULES


- Detailed specification of what is a merchantable log for the company (sweep tolerance, minimum length,).

- Statements highlighting the organization and existence of an internal control system that would ensure effective, efficient, damage-limiting and safe utilization of the forest.

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- State clearly the sequence of harvesting operations from pre-harvest inventory, tree marking, felling, log numbering, skidding, hauling, transporting through to post-harvest assessment.

- Details of each operation should be clearly stated, and how they are to be planned, executed and monitored.


- Professional forest management staff employed by the concessionaire - References can be made to experiences of other companies particularly

techniques that have been found to be appropriate for the characteristics of the resource.

- Reference should be made to the Liberian Code of Forest Practices. MANNER OF PRESENTATION OF THE INFORMATION

- An overview of the sequence of harvesting operations and detailed information on procedures and practices of each operation.

10.0 ENVIRONMENTAL CONSERVATION MEASURES 10.1 MAIN OBJECTIVES 10.2 PROTECTION 10.2.1 ILLEGAL OPERATIONS


- Protection requirements for the concession must be identified. Arrangements must be made for the concession to be regularly patrolled to identify encroachment or damage to the forest. The company must have adequate plans and must be equipped to respond to such events.

- Procedures must be established for patrolling and inspecting the concession, as well as monitoring the entrances to the concession.

SOURCES OF INFORMATON

- Plans to react to emergency situations should be developed in consultation with the Liberian Police Force.

- FDA MANNER OF PRESENTATION OF THE INFORMATION

- Identification and discussion of protection requirements with reference to map locations of areas of particular interest.

- A comment on the status of boundaries and plans to maintain such lines free from interference and to maintain sign-boards.

- Programs for monitoring and patrolling the concession area. - Reference to plans for responding to situations including details of

equipment to be used, arrangements for training of staff, and for liaison with emergency services.

10.2..3 USE OF CHEMICALS

INFORMATION REQUIRED -Objective(s) for the use of chemicals

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- Types of chemicals, concentrations and application levels to be used in or near the forest

- Detailed disposal methods for chemicals and waste oil SOURCES OF INFORMATION

- Manufacturer handbooks, guidelines and precautionary statements - FDA - Chemical agencies


- List of pesticides or preservatives to be used in or near the forest - A description of preventative measures to be taken - A description of disposable methods

11.0 PLANS FOR MONITORING THE EFFECTS OF LOGGING


- Company’s personnel directly responsible for implementing and monitoring the progress of operations

- Companies must monitor all operations to confirm compliance with requirements of the Code of Practice.

- Monitoring procedures to be applied must be detailed including resources to be allocated and an annual work program.

SOURCES OF INFORMATION - The Code of Practice for Forest Operations - operational standards should be reviewed to ensure that the proposed

monitoring program is comprehensive. MANNER OF PRESENTATION OF THE INFORMATION

- Description of monitoring procedures to be implemented. - A work program showing monitoring activities and inputs in a tabular

format.

13.0 SOCIAL ISSUES


- Consultations held with communities in and around the concession should be documented.

- A description of results/findings on past consultation with local communities and workers.

- The impact of forestry activities on the livlihood of communities, including a program of actions to be taken arising from consultations, and a description of arrangements made for ongoing liaison.

- Companies that are maintaining a camp for workers and dependants must state in detail their plans for accommodation and provision of utilities and other services, education and medical facilities and staffing, recreational facilities and camp welfare.

- Arrangements for medical emergencies should be stated.

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- Arrangements for monitoring social impacts of the operations, both on neighbouring communities and on the companies employees and their dependants should be stated.


- A social impact assessment must be carried out for the concession area - Information on minimum requirements for medical services and education

should be obtained from relevant Government departments and NGOs - Specialist inputs may be required to design appropriate social monitoring

procedures. MANNER OF PRESENTATION OF THE INFORMATION

- Descriptions of consultations, policies and programs, health facilities and recruitment of medical personnel (of any level), emergency procedures for rapid evacuation of sick or injured persons, issues of occupational health and safety, educational facilities and education personnel, training areas and training opportunities, employment policies and in particular how local communities will be used, assisted and helped in tangible ways, issues of employee accommodation (and issues of potable water supply and sanitation).

- A work program showing monitoring activities and inputs in a tabular format.

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Appendix C

Environmental Impact Assessment XXXXX Forest Resources Utilization Contract

XXXXXXX County, Liberia TABLE OF CONTENTS________________________________________

xxxx

APPENDICES _______________________________________________

EXHIBIT A – PROJECT DESIGN FEATURES

EXHIBIT B – PUBLIC COMMENTS

INTRODUCTION _____________________________________________

The Forest Development Authority has allocated xxx hectares of forest resources to xxxxx company for commercial forest management in the Upper xxxxx Valley. The area for this contract is located approximately x miles southeast of xxxxxxx, Liberia (Figure 1 – Vicinity Map) in xxxxxx County.

The analysis for this EIA is being conducted in compliance with the Environment Protection and Management Law and other relevant Federal laws and regulations.

Additional documentation, including the Forest Management Plan, Forest Utilization Contract and forest resources land use allocations, may be reviewed at Forest Development Authority Office in Monrovia, Liberia. These records are available for public review.

BACKGROUND ______________________________________________

Figure 1 – Vicinity Map

In response to the UN Sanctions imposed on timber exports in Liberia, the Forest Development Authority and the Environmental Protection Agency collaborated with the assistance of the Liberia Forestry Initiative to reform the forest sector in Liberia. Land use planning, contract reform and environmental impact assessments were key elements addressed by forest sector reform.

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As a result of the land use planning that took place in summer of 2006, the area identified in figure one was allocated to commercial forest activities. A contract prospectus for this area was advertised for xx days and following review of the bids, the contract was awarded to xxxxx Timber Company.

PROPOSED ACTION _________________________________________ The Proposed Action includes the management activities authorized for up to xx years on approximately 100,000 hectares acres of lands within the Project Area (Figure 2 – Proposed Action Map, page #). The proposed management actions are summarized below: Vegetation Treatments Mechanized harvest will be authorized to recover merchantable wood products on up to 4000 hectares per year (4% coup) for xx years. Access Management Actions Approximately xx miles of primary road access would be needed to provide access harvest areas. An additional xx mile of secondary roads would be needed to provide temporary access into havest areas. Temporary roads would be reclaimed after the harvest treatments have been completed. Best Management Practices would occur on 22 miles of specified road used for haul of commercial products. Project Design Features Appendix B of this EA provides a complete listing of restoration / protection measures and monitoring activities associated with the Proposed Action. Figure 2 – Proposed Action

PUBLIC INVOLVEMENT AND THE SCOPING PROCESS The public and other agencies, such as local environmental protection agencies as well as Agriculture Ministry were involved in the initial allocation of the area identified in Figure 1 above to commercial activities. The public and government agencies were also informed of the xxxx Forest Resources Utilization Contract through informational news releases, mailings, public meetings, and one-on-one meetings. Section B of the Project File provides documentation of the public involvement and scoping process. This project is subject to the approval of the Environmental Protection Agency. Based upon the information contained in this Environmental Impact Assessment, the Agency may - 1) Approve the project or activity unconditionally if it is satisfied that the project

or activity shall not result in significant damage to the environment;

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2) Approve the application conditionally by requiring the developer to redesign the project or do such other thing as the Agency considers necessary, taking into consideration the suggestions or comments made and all environmental factors; or

3) Refer the application back to the applicant for further study or submission of additional information;

4) Reject the application where it is of the opinion that the project may cause significant or irreversible damage to the environment.

ISSUES ____________________________________________________ Comments and concerns received on the xxxx Forest Resources Utilization Contract have been classified into issues. The issues were classified for consideration in the analysis by the following criteria (Project File Exhibit –B-xx). ♦ Already decided by law, regulations, Forest Plan, or other higher level decisions;

♦ Addressed through implementation of project-specific design features (protection and restoration measures);

♦ Addressed during analyses routinely conducted by the ID Team;

♦ Addressed through spatial location and/or temporal bounds of activities during alternative design; and/or

♦ Beyond the scope of the project.

Project File Exhibit –B-xx to this EA provides a detailed description of the issues identified during the scoping process and describes how those issues were accounted for during the analysis process.

RELATIONSHIP TO THE LAND USE PLAN _______________________ The Land Use Plan and National Forest Policy details the direction for managing the forest lands of Liberia. The xxxx Forest Resources Utilization Contract tiers to the decisions embodied in this direction. The Land Use Plan and National Forest Policy provides forest-wide goals and objectives. The Land Use Plan uses management areas (MA) to guide management of forested lands within Liberia. Each MA provides for a unique combination of activities, practices, and uses. A summary of applicable MA direction for the xxxx Forest Resources Utilization Contract area is provided below. TABLE 1. MANAGEMENT AREA DESCRIPTIONS, APPLICABLE STANDARDS, AND ACRES

PROPOSED FOR TREATMENT (PROPOSED ACTION)

MA DESCRIPTION APPLICABLE STANDARDS HECTARES TREATED (ALT. 1)

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TABLE 1. MANAGEMENT AREA DESCRIPTIONS, APPLICABLE STANDARDS, AND ACRES PROPOSED FOR TREATMENT (PROPOSED ACTION)

MA DESCRIPTION APPLICABLE STANDARDS HECTARES TREATED (ALT. 1)

11C Consists of timberlands capable of providing unique habitat located on the southern portion of the contract area.

Timber Management – Lands are classified as unsuitable for timber management, and timber harvest will not be scheduled.

Road Management – Road location and design will be responsive to grizzly bear habitat management needs.

xx

15

Timberlands where timber management with roads is economical and feasible. Emphasize cost efficient production of timber with roads, while protecting the productive capacity of the land and timber resources

Timber Management – Lands are classified as suitable for timber management, and timber harvest will be schedule.

Road Management – Road construction is allowed to meet management area objectives.

xx

15C Timberland where timber harvest is economical and feasible – special consideration will be given to community

Timber Management – Lands are classified as suitable for timber management, and timber harvest will be schedule.

Road Management – Road construction is allowed to meet management area objectives.

xx

DECISION FRAMEWORK______________________________________ The criterion used to make a decision on this project includes: ♦ Achievement of the Proposed Action; ♦ Relationship to environmental and social issues, and public comment; ♦ Consistency with the National Forest Policy and Land Use Plan;

ALTERNATIVES _____________________________________________ Alternatives were developed in response to issues identified during scoping, either from within the agency or from the public. According to Section xx of the Forest Sector Reform Act of 2006 (Project File Exhibit H-6), this EIA is not required to study, develop, or describe any alternative to the Proposed Action. Alternatives may only need to be evaluated if contract holder proposes to not follow Code of Forest Practices

Proposed Action The Proposed Action is described in detail in the EA and displayed in Figure 2. Appendix B of this EA describes the design features associated with Alternative 2.

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Summary of Relevant Environmental Effects The following table provides a comparison of relevant environmental consequences associated with the implementation of the proposed action. A more detailed description of environmental effects can be found in this EA beginning on page xx.

NATURAL RESOURCE AND ENVIRONMENTAL CONSEQUENCE

ALT. 1 (Proposed Action)

Meets Soil Quality Guidelines Yes

Sediment increases ?%

Increased water yield ?%

Aquatic species biological assessment determination No Effect, ???

Rare Plants – biological assessment determination No Effect

Secondary road construction (Temporary) Xx miles

Potential risk for agriculture spread and/or introduction within the project area

Low/Moderate/High

Pygmy Hippo No Effect/?

Elephant No Effect

CITES Species No Effect

Increased bush meat hunting yes

Meets Forest Plan direction Yes

Impacts or restricts existing subsistence opportunities No

Direct employment ##

Total jobs (direct and indirect/induced) ##

Sawlogs Volume estimates ie, 25 MMBF

SUMMARY OF ENVIRONMENTAL EFFECTS ______________________ This section describes the environmental impacts of the proposal in relation to whether there may be significant environmental effects. Specialist reports, which include more detail on analysis area descriptions (including spatial and temporal bounds and existing condition), can be found in Section # of the Project File Past, present, and reasonably foreseeable actions, including cumulative effects, are included in the specialists’ reports filed in the Project File (Section G). The following table (Table 3) provides a summary of the actions considered in the cumulative effects analysis for xxxx Forest Resources Utilization Contract.

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Figure 3. Land Ownership in the xxxx Forest Resources Utilization Contract Area

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TABLE 3. ACTIONS CONSIDERED IN THE CUMULATIVE EFFECTS ANALYSIS

ACTION PAST PRESENT FUTURE

Timber harvest concessions

3,662 acres

Road construction 72.1 miles

Road management Road maintenance, road closures

X X

Pit Sawing Permits X X

SOIL RESOURCE

Alternative 1 –Proposed Action

Direct and Indirect Effects Direct and indirect effects include detrimental soil disturbance caused by the proposed vegetative treatments and temporary road construction. These effects are typically soil displacement, rutting, compaction, and puddling. Design features include measures to reduce the risk of detrimental soil impacts (Appendix B) by limiting the amount of ground the equipment operates on and by imposing restrictions that reduce soil disturbance. The direct and indirect effects of the Alternative 1 would not result in adverse or significant effects on the soil resource because current on-the-ground conditions indicate less than 15 percent soil disturbance in all proposed treatment units.

Cumulative Effects Within units with previous management activities, cumulative effects include minor increases in the amounts of detrimental soil disturbances. The alternative design features would reduce the effects of proposed management actions on soils and keep the total detrimental soil disturbance to less than xx percent.. By implementing the design features described in Appendix B of this EA, the Soil Quality Guidelines would be met during and after implementation of the Proposed Action. As discussed above, the cumulative effects of the Proposed Action, combined with previous activity and foreseeable future activities within the Project Area, indicate that detrimental soil disturbance would be limited and would be within standards in that regard. Project File Exhibit G-x contains the detailed information supporting this analysis.

Regulatory Framework and Consistency The soils analysis indicated that Alternative 2 would meet the Soil Quality Standards through implementation of management practices (design features), which include the restoration of landings and heavily used ski trails, if needed, to reduce the total

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amount of detrimental soil impacts. All direction for the management of the soil resource would be met during and after implementation of the Proposed Action. HYDROLOGY


Direct and Indirect Effects Direct and indirect effects include ground disturbance activities (such as temporary road construction, road maintenance, and culvert replacement) and vegetative changes resulting from the harvest treatments that potentially could result in erosion and sediment sources, increased water yield, and increased nutrient levels. The alternative design features include measures to reduce the risk of adverse impacts to the water resource (Appendix B). They do so by restricting ground disturbing activities within Streamside Management Zones (SMZs), not allowing mechanized treatment within the Riparian Habitat Conservation Areas (RHCAs), protection of wet areas and the application of road Best Management Practices (BMPs). The direct and indirect effects of the action alternative would not result in an adverse or significant effect on the hydrology resource. (Project File Exhibit G-x contains more detailed information on this resource.)

Cumulative Effects The cumulative effects analysis includes consideration of past, present, and reasonably foreseeable actions. Based on baseline conditions, alternative design features that minimize the impacts on the water resource, the above discussion of direct and indirect effects, and the evaluation of reasonably foreseeable actions, there is no evidence that the implementation of this alternative would have a measurable cumulative effect on water quality in streams in the analysis area. Analysis of the existing watershed conditions (based on existing data and field visits) and anticipated affects of the proposed harvest prescriptions lead to this conclusion. Details of this analysis can be found in Project File Exhibit G-x.

Regulatory Framework and Consistency

Through implementation of the alternative design features and project layout, all management actions included in this alternative are consistent with Forest Plan standards and meet Water Quality Standards.

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WILDLIFE – THREATENED & ENDANGERED SPECIES


Direct and Indirect Effects Portions of the Project Area are located in areas expected to be suitable wildlife habitat for xx species (name all wildlife species expected in project area.). The direct and indirect effects to these species from timber harvest and road building are expected to be direct loss of habitat by cutting and removing trees used for nesting, and foraging. Since the Code of Forest Practices would be adhered to, an adequate number of nest and foraging areas are expected to remain after harvest is complete. Key Habitat Areas - Since there are areas already established for the protection of key habitat areas, there would be limited effect on the number and dispersal of key populations of threatened and endangered species. Mortality Risk - Some displacement of certain wildlife species may occur from implementing the Proposed Action. However, since these species are adaptable animals, the expected intensity of human use within the project area and the displacement from habitat would be temporary. The mortality risk for these wildlife species from implementing the activities associated with the Proposed Action would not be significantly increased. This is due to the nature of the proposed activity and the likely movement of wildlife species to adjacent areas further from human development and activity.

Cumulative Effects The xxxx Forest Resources Utilization Contract area contains/does not contain established human activities, including xxxxxx. Logging and road building has occurred in the area. This proposal would maintain the existing prey base and would not preclude use of habitats in the area. There would be no increase in mortality risk; therefore adverse cumulative effects are not expected.

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Regulatory Framework and Consistency The Biological Assessment indicated that the Proposed Action would be consistent with providing habitat for key wildlife species. The Wildlife Biologist determined that the Proposed Action “may effect – not likely to adversely affect.” the identified wildlife species. FOREST VEGETATION

Alternative 1-Proposed Action

Direct and Indirect Effects Forest composition, structure, and age classes

Harvest treatments would reduce competition between trees, increasing availability of light and moisture to remaining trees. This would maintain or improve the vigor and growth of the leave trees. Selective harvest would also maintain the multi-storied, mixed species stands. Proposed vegetation treatments will likely change the age class of the stand, since the largest dominant and codominant trees would be removed in the greatest proportion. Forest condition – insects, disease, tree damage

Because of the increased tree vigor expected in the mixed species stands, harvest would also increase their ability to withstand future insect or disease influences. Some root, bole, and crown damage to residual trees may occur because of harvest operations using mechanized equipment.

Cumulative Effects Considering all past, present, and reasonably foreseeable actions, in combination with the action alternative, the overall cumulative effects on the forest vegetation resource would be positive in the near-term, resulting from reduced competition for limited site resources and improved stand health in the areas of treatment, lasting upward to 20 years or longer. As time goes by, and succession advances, the effects of the treatments will become less noticeable. The proposed treatments would improve the health, resiliency, and sustainability of the treated stands.

Regulatory Framework and Consistency The project has been designed to be consistent with the Forest Policy goals, objectives and standards. The treatments proposed in the action alternative are consistent with the regulatory framework and management area direction for the areas being treated. All areas are located within the suitable timber base, where timber harvest may be scheduled and is an appropriate management action.

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SOCIAL AND ECONOMIC FACTORS


Direct, Indirect, and Cumulative Effects Alternative 1 proposes management actions that could include the harvest of up to 3.5 million board feet (MMBF) of forest products. Approximately $350,000 in timber receipts would generated from this project, which would be available to fund a portion ………. Based on information from similar projects in the past, the management actions associated with Alternative 1 would produce approximately 28 direct and 37 indirect job years of potential employment opportunities. This would create an estimated 28 direct jobs in the wood products industry and another 37 jobs spread out over about a 3-5 year period. The economic effects would be primarily in the Upper xxx Valley in xxx County, with minor effects to the adjacent xxxx Counties.

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EXHIBIT A I. Project Design Features

The following project design features are associated with the implementation of the xxxx Forest Resources Utilization Contract. A. Timing of Activities

1. Implementation (layout and preparation) of the project would begin in late winter of 2006. Operations are expected to commence in late fall / early winter 2006, and be completed by December 2011 a period of approximately 5 years.

2. All BMP’s (drainage corrections and sediment sources) on haul routes are to be in place and functioning before hauling commences, with the possible exception of ground conditions existing that would preclude construction operations, and kept functioning throughout the duration of hauling activities, and left in proper functioning condition when the project is complete.

B. Public Safety

1. Contracts will require the contractor to clearly post signs warning the public of nearby activities and truck hauling traffic associated with the treatments.

2. Public announcements will be made to notify the public that portions of harvest areas would be closed for periods of time while activities take place.

C. Special Use Permits

All permitted activities and or improvements including bush meat hunting, water transmission lines, irrigation water ditches, fuelwood collection areas (authorized by special use permits) will be clearly marked and protected during project implementation.

D. Soil Productivity

1. All harvest treatments are designed to protect soil quality in that total detrimental soil disturbance is limited to less than 15 percent of an activity area.

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2. Any pre-existing skid trails, temporary roads, and landings will be re-used to the extent practicable for entry to previously harvested treatment areas to minimize additional impacts.

3. For dispersed skidding, ground-based skidding equipment will be restricted to conditions when soil moisture levels are low (determined using the “hand squeeze method”).

4. When operating during summer or on dry soil conditions, dispersed skidding must not remove organic matter from more than 15 percent of the activity area (cutting unit). When bare soils exceed 15 percent of the unit, the risk of soil erosion becomes high and the risk of nutrient losses increases.

5. Ground-based skidding equipment will be restricted to designated skid trails obligated to this use, or where slash mats are specifically created and designed for soil protection due to sensitive soils (typically created only in a harvester-forwarder system operation). Where designated skid trails are required, main skid trails would be spaced 75 to 100 feet apart except where converging at junctions or landings.

6. All or a portion of the following actions will be used to restore soil quality on detrimentally disturbed ground such as designated ski trails and landings, where monitoring results determine a need to do so:

a. Rip heavily used skid trails and landings with an excavator to lessen compaction;

b. Plant native shrubs that will lessen compaction as they grow, where needed to augment natural vegetation.

The combination of these actions will be based on the condition of the site being restored. These actions do not result in instant restoration; rather they begin the restoration process. The overall goal is to reduce the amount of detrimental soil disturbance through implementation of the design features.

7. All temporary roads on contracted lands will be reclaimed after use, as soon as logistically practicable. Temporary roads will be reclaimed using a combination of the following methods:

a. Re-contouring the entire road template to natural ground conditions,

b. Removing any installed culverts or temporary bridges,

c. Placing large woody material on the template (where that material is available),

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d. Outsloping,

e. Installation of waterbars, or

E. Water Resource

1. Slash, chips, and other woody material resulting from the vegetation treatments will be kept out of stream courses. If material inadvertently enters the stream, it will be removed. All mechanized equipment will be kept a minimum of 50 feet from scoured stream channels and wet, seepy areas to protect water quality and stream bank stability. This “buffer,” which is also required by the code of forest practices, will provide filtration for sediment that may be transportable during intense rain events.

2. All wet areas within treatment areas will be clearly marked with flagging and paint before timber is harvested in any unit so equipment operators know where they are and can avoid them during logging or if conditions get wet.

F. Timber Harvest Treatments

Mechanized harvest methods will be used to remove merchantable sawlogs from approximately xxxxxx acres. The mechanized harvest is expected to remove approximately xx MMBF of forest products.

1. In general, the treatment applied to all areas is a “selective overstory

removal”, where the objective is to remove the highest value commercial species while leaving sufficient understory species to mature for the next treatment cycle in 25-30 years. This style of harvest g removes trees primarily in the upper tree crown classes or position. That is, most dominant and codominant trees that are of commercial value would be removed.

2. By definition, tree crown classes or position are defined as follows: 1) Dominant trees have crowns extending above the general level of the crown cover (or canopy) and receiving full light from above and partly from the side. Codominant trees have crowns forming the general level of the crown canopy and receiving full light from above but comparatively little from the sides. Intermediate trees are shorter than the two proceeding classes but have crowns extending into the crown canopy formed by codominant and dominant trees, and receiving little direct light from above and none from the sides. Overtopped (or suppressed) trees are entirely below the general level of the crown canopy, receiving no direct light either from above or from the sides.

The “biggest and best” trees would be removed.

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The biggest and best trees would exhibit, relatively large diameter (i.e., largest diameters currently on-site), good tree form and condition (i.e., straight bole and full crown appearance), and are generally free of insect and disease damage. Species priority would vary by site availability. A mix of the biggest and best species is desired for biological diversity. Focus would need to be provided to ensure leaving the more vigorous, healthy trees, and the more longer-lived species.

3. Protection of Reserved Trees – Standard Contract Operating Procedures (SCOPs) employed to minimize damage to the residual stand, and to minimize ground/soil impacts.

a. Trees will be felled, insofar as safety permits, to angle in the direction of skidding or yarding.

b. Tractor skid roads will be located and approved in advance of felling.

c. Tractors will be restricted to approved skid trails.

d. Tractor skid trails will be no less than 75 feet apart, except where converging.

e. Trees designated for cutting and/or logs will be left as rub trees along tractor skid trails as needed to protect young growth and leave trees.

f. Bucking of windfalls and down material across skid trails will be required (where needed) in advance of their use.

G. Sensitive or Threatened Plants

1. All ground-disturbing activities will avoid wetlands, including lakes, ponds, marshes, fens, and streams. Buffers around wetlands will be 150 feet for areas greater than 1 acre and 50 feet for areas less than 1 acre. Buffers should begin where wetland plants (facultative wet) end.

H. Wildlife

1. The contract will include provisions to cease activity or otherwise protect populations and individuals of threatened, endangered, or sensitive species. This allows for modification of the project, should an unforeseen issue(s) be identified during operations.

a. Public access will be restricted on roads normally closed to use and on temporary roads. Contractors working under contract will be prohibited from carrying firearms while on duty.

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b. All temporary roads constructed will be reclaimed after use.

II. Monitoring Activities

The following monitoring matrix describes monitoring associated with the proposed action and summarizes the purpose, methods, and expected results and uses of the proposed monitoring activities.

TABLE B-4. SUMMARY OF MONITORING ACTIVITIES

WHAT WHERE WHEN / DURATION

WHY WHO EXPECTED RESULTS AND

USE

WILDLIFE

Monitor Forested areas to determine if use increases as a result of opening up the timber stands.

Harvest units that are easily accessible

Following and during implementation

To see if the area is receiving increased human disturbance

Wildlife Biologist

The information will be used to determine if wildlife security has decreased in the area and to ascertain if mitigation is needed

FOREST ROADS

Monitor and oversee temporary road construction.

Temporary roads.

Throughout duration of project implementation.

Insure road construction activities comply with contract specifications.

Contracting Officer, FDA Representative, and/or Timber Sale Administrator.

Routinely determine compliance with contract specifications.

Monitor and oversee condition of permanent roads

Permanent roads

Throughout duration of project implementation

Insure activities are not negatively affecting road condition and adjoining resources

Contracting Officer’s Representative, Engineering Representative, and/or Timber Sale Administrator

Routinely determine road integrity and BMP compliance

SOIL QUALITY

Monitor the amount of detrimental soil disturbance

Within activity areas

After all phases of the project are implemented

Determine if the design features are effective at maintaining soil productivity

Soil Scientist or representative

Result: The percent of the activity area with detrimental soil disturbance.

Use: Refine design features and determine the need for restoration activities.

FOREST VEGETATION

Pre contract (work) review. Review contract.

All treatment units.

Prior to implementation.

Insure treatment activities comply with the EIA decision.

IDT Members, Contracting Officer’s Representative, and/or Timber Sale Administrator.

Assure project implementation complies with the EIA decision.

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TABLE B-4. SUMMARY OF MONITORING ACTIVITIES

WHAT WHERE WHEN / DURATION

WHY WHO EXPECTED RESULTS AND

USE

Monitor and oversee vegetation treatments

All treatment units.

Throughout duration of project implementation.

Insure treatment activities comply with contract specifications.

Contracting Officer’s Representative and/or Timber Sale Administrator.

Determine / assure compliance with contract specifications.

WATER QUALITY

Establish and monitor permanent sites and photo points to survey and document stream channel stability

Selected streams within the proposed vegetation treatment units and control site(s).

Every 5 years

Document trends

Trained personnel

Continue to confirm predictions of model results and detect unacceptable changes should they occur

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EXHIBIT B __________________________________________

Public Comments on the

xxxx Forest Resources Utilization Contract This Exhibit includes responses to comments received during the scoping period for the xxxx Forest Resources Utilization Contract. The comments received during the scoping of this project are included in Section xx of the Project File. xx comments or letters were received during the scoping period for this proposal, which concluded on month/date, 2005. The issues and concerns presented in the comment letters are summarized and paraphrased into the following categories:

Category Page

A Soils C-2

B Water (Hydrology) C-3

D Forest Vegetation C-7

G Threatened & Endangered Wildlife Species C-9

M Road Management C-15

O Analysis Process C-21

The categories identified above and responded to below are for example only and the specific categories would be

developed based upon the nature of public comment received on particular project.

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A. Soils

Concern / Issue # 1: Heavy equipment use associated with this proposal would accelerate soil erosion, increase soil compaction, and degrade soil productivity.

Response: The project Soil Scientist made on-site evaluations of the proposed treatment units to determine soil conditions and to quantify existing detrimental soil disturbance within the activity areas (proposed treatment units) (Project File Exhibit G-2). The Interdisciplinary Team (ID Team) developed Project Design Features to protect the soil resource and minimize impact on soil productivity. These design features include timing and operations restrictions, the reclamation of temporary roads, skid trails, and landings, as well as other features to protect the soil resource (Exhibit B, pages 2 and 3). The effects of the alternatives on the soil resource are disclosed in the EA (pages 19-20) and in the soil scientist’s special report (Project File Exhibit G-2). The net result of these features is that soil erosion due to the effects of the project would be minimal and compaction and soil productivity loss would be well within accepted standards.

Concern / Issue # 2: Are the threshold levels for soil compaction adequate for maintaining soil productivity adequate? Is allowing 15 percent of an area to be impaired appropriate to meet planning goals?

Response: The soil analysis followed accepted guidelines for soil analysis. The subject of allowing detrimental soil disturbance on up to 15 percent of an activity area is discussed frequently. Until such time that ongoing research better defines acceptable limits of soil detrimental disturbance, this is a reasonable, acceptable amount. It is possible to measure the aerial extent of detrimental soil disturbance across an activity area. It is reasonable to assume that by maintaining at least 85 percent of an activity area in undisturbed or minimally disturbed, non-detrimental disturbance conditions we are maintaining soil quality.

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B. Water (Hydrology)

Concern / Issue #1:

No logging should take place within 300 feet of streams, wetlands, or ponds.

Response:

Design features associated with the Proposed Action provide protection of streams, wetlands, and pond and, all ground-disturbing activities will avoid wetlands including lakes, ponds, marshes, fens, and streams (EA, Exhibit B).

Concern / Issue # 2:

Building roads, even temporary ones across the wet areas and streams will have significant effects on the watershed.

Response:

The project Hydrologist has made on-site evaluations of the proposed treatment units to determine water quality conditions (Project File Exhibit G-3).

In addition, the Interdisciplinary Team (ID Team) has developed Project Design Features to protect the water resource and minimize impact on water quality (EA, Exhibit B, pages xx and B-x). These design features include timing and operations restrictions, the reclamation of temporary roads, skid trails, and landings, as well as other features to protect the soil resource (Exhibit B, pages xx). The effects of the alternatives on the water resource are disclosed in the EA (pages xx and in the hydrologist’s specialist report (Project File Exhibit xx).

The Proposed Action includes the construction and subsequent reclamation of approximately xx miles of temporary road needed to access the proposed treatment units. The proposed temporary road locations do not require any stream crossings. The ID Team has developed project design features to minimize the environmental impacts of the temporary road construction (EA, Exhibit B). The impacts of the temporary roads are analyzed and their effects disclosed by resource area in the EA (pages xx; and in the Project File Section G).

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