The agency’s case, tested

What the agency argues, and whether its own record backs it

1

Holds up

5

Not fully backed

1

Contradicted by its own record

3

Never analyzed

• EffectsContradicted by its own recordThe project won't affect any waters or wetlands and complies with the Clean Water Act without further steps.

  The agency relies on design criteria that it says prevent long-term sediment and temperature increases. But its own aquatic analysis predicts sediment pulses below haul routes, with Pearson Creek rising from 6.94 to 25.25 tons per year during haul, and turbidity effects on steelhead, in streams it says are already temperature-listed and sediment-impaired.

  The agency’s words, the record +Hide the words

  The agency says

  “The project will not affect any waters, including wetlands, and no further permits or modifications are needed to ensure compliance.”

  Clean Water Act

  Elsewhere in the same document

  “Short‑term hydrologic effects are limited to localized sediment pulses downstream of haul routes and disturbed upland soils.”

  Hydrology and Hydrologic Function

  “Short‑term effects to fish consist of temporary increases in turbidity that may reduce water clarity and affect visual foraging efficiency, predator avoidance, and habitat use for steelhead and redband trout.”

  Fish and Fish Habitat

• EffectsNot fully backedThe project makes no irreversible or irretrievable commitment of resources because it involves no resource extraction.

  The agency says the treatments are restorative, that temporary roads will be decommissioned and rehabilitated, and that the project involves no mining or similar extraction that would cause irreversible commitments. Timber is renewable, so commercial thinning isn't a direct contradiction. But the answer doesn't address whether removing timber from 4,424 acres of commercial thinning is an irretrievable commitment for a period of time, even though other sections describe it as increasing timber output. The shallow-soil language comes from criterion SOIL-04, which requires those soils to be avoided.

  The agency’s words, the record +Hide the words

  The agency says

  “Overall, the proposed treatments are intended to maintain and improve ecological function and do not involve activities, such as mining or resource extraction, that would lead to irreversible or irretrievable commitments of Federal resources.”

  Will the proposed action or action alternatives (if any) make an irreversible and irretrievable commitment of Federal resources?

  Elsewhere in the same document

  “Uses temporary roads and mechanical systems to facilitate accelerated timber removal consistent with EO 14225 objectives.”

  EO14225, Immediate Expansion of American Timber Production

• EffectsNot fully backedConcerns about prescribed fire ignitions in riparian areas need no analysis because fire is only backed in from outside riparian buffers.

  Criterion WQ-02 labels its 100-foot, 75-foot and 50-foot ignition setbacks as PACFISH 'limited activity buffers,' requires hand ignition, and allows fire in riparian habitat conservation areas only if it's backed in. The dismissal likely refers to those setbacks. It doesn't mean the wider 300-foot riparian areas in WQ-08. Read that way, the dismissal matches the design criteria. However, WQ-02 and FUELS-05 plainly allow ignition inside riparian habitat conservation areas. So dismissing 'concerns about prescribed fire ignitions within RHCAs' without analysis isn't explained by the stated reason.

  The agency’s words, the record +Hide the words

  The agency says

  “Likewise, concerns about prescribed fire ignitions within RHCAs were dismissed, as the EA only allows backing fire from outside PACFISH buffers.”

  Issues Considered but Dismissed from Detailed Analysis

  Elsewhere in the same document

  “Alter prescribed fire ignition methods and holding actions in RHCAs to maintain ecosystem structure, function, and processes, mimicking a low intensity (less than 4-foot flame lengths) backing fire that creates a patchy mosaic of burned areas.”

  Table 4

  “Fire is allowed in RHCAs if it is backed in using the criteria described above.”

  Table 4

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  • EffectsNot fully backedHeritage design criteria and tribal consultation ensure continued ceremonial access and no adverse effects to Indian sacred sites.

    The agency points to criteria ARCH-01 through ARCH-06, including 100-foot buffers, hand-only work inside site boundaries, and a 300-foot work stoppage if new sites or remains are found. It also points to ongoing coordination with CTUIR's Cultural Resources Protection Program. But the Section 106 review says the cultural survey covers only part of the project area and formal consultation hasn't begun. Buffers protect only sites that have been identified, so the conclusion of no adverse effects rests on incomplete information.

    The agency’s words, the record and the law +Hide the words

    The agency says

    “These combined measures ensure continued access for ceremonial and subsistence practices and avoid adverse effects to Indian sacred sites.”

    EO 13007, Indian Sacred Sites

    Elsewhere in the same document

    “Formal Section 106 consultation has not yet begun, as background research is still underway.”

    National Historic Preservation Act, Section 106 Review

    “The Forest also contracted a cultural resource survey and report for part of the project area, completed in accordance with federal and state professional standards.”

    National Historic Preservation Act, Section 106 Review

    The law

    “shall take into account the effect of the undertaking on any historic property.” National Historic Preservation Act, 54 U.S.C. 306108 ↗

  • EffectsNot fully backedTemporary road mileage, placement and decommissioning will stay fully consistent with riparian and Forest Plan soil standards.

    The agency relies on criteria ROADS-01, SOIL-07, SOIL-13 and WQ-09. It says no temporary roads enter riparian habitat conservation areas. It says the Aquatic Report maps all temporary road segments on slopes less than 35% using LiDAR. That report isn't in this text, though, and the document never states temporary road mileage, an issue its own Table 5 flagged. The road figures aren't clearly inconsistent. The 28.3 and 127.3 miles add to about the 156 miles in the Road Maintenance section, while the 12 and 121 miles are described as haul routes. The document doesn't reconcile the two sets.

    The agency’s words, the record and the law +Hide the words

    The agency says

    “However, the combination of PACFISH restrictions, Forest Plan soil standards, Best Management Practices, and the project's extensive set of Project Design Criteria ensures that temporary road mileage, placement, construction, and decommissioning remain fully consistent with regulatory requirements.”

    Roads, Soils, and Compliance with PACFISH and Forest Plan Standards

    Elsewhere in the same document

    “A small number of temporary road segments may be needed for project implementation, and these are located on existing disturbed roadbeds where feasible.”

    Transportation

    “The proposed action uses 28.3 miles of ML-1 roads and 127.3 miles of ML-2 and 3 roads.”

    Transportation

    The law

    “Resource plans and permits, contracts, and other instruments for the use and occupancy of National Forest System lands shall be consistent with the land management plans.” National Forest Management Act, 16 U.S.C. 1604(i) ↗

  • EffectsNot fully backedAfter treatment, every elk analysis area will meet or exceed Forest Plan standards for habitat effectiveness and cover.

    The agency cites the Wildlife Biological Evaluation, criterion WL-09 cover standards, and increased forage. More forage could raise the habitat effectiveness score in analysis area A, which starts slightly below standard. But the text gives no before-and-after habitat effectiveness or cover numbers for any analysis area, and Table 5 itself says a quantitative elk assessment is lacking. The A through E versus A through F labels are likely a typo, since the document counts six areas.

    The agency’s words, the record and the law +Hide the words

    The agency says

    “In all areas, treatments and associated PDCs will result in HEI, satisfactory cover, and total cover values that meet or exceed associated Forest Plan standards.”

    Elk Habitat Effectiveness Index (HEI) and Forest Plan Security Standards

    Elsewhere in the same document

    “Analysis area A meets standards for total and satisfactory cover but is slightly below the standard for HEI.”

    Elk Habitat, Habitat Effectiveness Index (HEI), and Security Standards

    “The Wildlife BE documents that thinning and prescribed fire activities would reduce total forest cover in all Analysis Areas (A through F) with a corresponding increase in forage.”

    Elk Habitat Effectiveness Index (HEI) and Forest Plan Security Standards

    The law

    “Resource plans and permits, contracts, and other instruments for the use and occupancy of National Forest System lands shall be consistent with the land management plans.” National Forest Management Act, 16 U.S.C. 1604(i) ↗