APPENDIX A FOREST MANAGEMENT PLAN by li23987

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									Settlement Agreement (LA2002_0611_1715 [Lake Palourde 2002])                   Attachment 3
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                                      APPENDIX A


                          FOREST MANAGEMENT PLAN



            Bayou Grand Coteau Coastal Forested Wetland Conversion Project
                      (LA2002_0611_1715 [Lake Palourde 2002])
Settlement Agreement (LA2002_0611_1715 [Lake Palourde 2002])                   Attachment 3
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                                         DRAFT

                       FOREST MANAGEMENT PLAN



            COMPENSATORY RESTORATION PROJECT
      FOR THE EAST LAKE PALOURDE CRUDE OIL DISCHARGES
             (LA2002_0611_1715 [Lake Palourde 2002])

     BAYOU GRAND COTEAU COASTAL FORESTED WETLAND CONVERSION




                                    DECEMBER 2008
Settlement Agreement (LA2002_0611_1715 [Lake Palourde 2002])                   Attachment 3
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TABLE OF CONTENTS

TABLE OF CONTENTS .............................................................................................................................. III
LIST OF FIGURES AND TABLES ..............................................................................................................IV
1.     INTRODUCTION .............................................................................................................................. A-1
     1.1.      PROJECT DESCRIPTION .............................................................................................................. A-1
     1.2.      FOREST MANAGEMENT GOAL ..................................................................................................... A-3
2.     FOREST MANAGEMENT ACTIVITIES AND SCHEDULE ............................................................. A-4
     2.1.      SCOPE OF FOREST MANAGEMENT .............................................................................................. A-4
     2.2.      PERIOD OF LANDOWNER RESPONSIBILITIES AND OBLIGATIONS ..................................................... A-6
     2.3.      NOTIFICATION TO PROCEED WITH IMPLEMENTATION OF FMP ....................................................... A-6
     2.4.      REPORTING REQUIREMENTS ....................................................................................................... A-6
     2.5.      SITE VISITS ................................................................................................................................ A-7
     2.6.      TRUSTEE REVIEW AND APPROVAL OF REPORTS .......................................................................... A-7
     2.7.      COMPLETION OF ACTIVE MANAGEMENT LETTER .......................................................................... A-7
     2.8.      NEED FOR FOREST THINNING ..................................................................................................... A-7
     2.9.      FOREST THINNING PLAN ............................................................................................................. A-8




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Lake Palourde FMP_121008a_Final.docx                                         iii                                                        FMP/APPENDIX A
Settlement Agreement (LA2002_0611_1715 [Lake Palourde 2002])                   Attachment 3
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LIST OF FIGURES AND TABLES

Figure 1.        Vicinity map of the project site located north of Houma, Louisiana and adjacent to the
                 Bayou Grand Coteau Mitigation Area .....................................................................................A-2

Table 1.         Forest Management Activities Following Initial Period of Performance Monitoring and
                 Management .......................................................................................................................... A-5




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Lake Palourde FMP_121008a_Final.docx                                       iv                                                      FMP/APPENDIX A
Settlement Agreement (LA2002_0611_1715 [Lake Palourde 2002])                   Attachment 3
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1. INTRODUCTION

This document is a Forest Management Plan (FMP), as defined in section II.J of the
Settlement Agreement for NRDA case file #LA2002_0611_1715 (Lake Palourde 2002),
developed by the Louisiana state trustees1 (referred to herein as the “Trustees”), in
cooperation with Union Oil Company of California (referred to herein as Unocal) and
PBC Operators, Inc. (referred to herein as the Landowner) for the Bayou Grand Coteau
Coastal Forested Wetland Conversion compensatory restoration project (referred to
herein as the “restoration project”). The restoration project was selected in the Final
Damage Assessment and Restoration Plan (referred to herein as the “Final DARP”
[Attachment 1 of the Settlement Agreement for NRDA case file #LA2002_0611_1715
(Lake Palourde 2002)]) to recover damages for injuries to natural resources and
services resulting from two unauthorized discharges of crude oil into the swamp east of
Lake Palourde, Assumption Parish, Louisiana that were reported on June 11, 2002
(NRDA case file #LA2002_0611_1715 [Lake Palourde] referred to herein as the
“incident”). Unocal was identified as the responsible party for the incident and will be
implementing the restoration project pursuant to the settlement of natural resource
damage claims in the State of Louisiana. In addition, Unocal will be responsible for
successfully completing the Restoration Implementation and Monitoring Plan
(Attachment 2 of the Settlement Agreement for NRDA case file #LA2002_0611_1715
[Lake Palourde 2002] referred to herein as the “RIMP’), including satisfying all relevant
performance criteria identified in the RIMP. Pursuant to the Forest Management
Agreement (Attachment 3 of the Settlement Agreement for NRDA case file #
LA2002_0611_1715 [Lake Palourde 2002]), the Landowner will be responsible for
implementing and successfully completing this FMP after Unocal has successfully
completed the requirements identified in the RIMP.

This FMP: 1) defines the forest management goals that aim to achieve the overarching
goal of the restoration project; 2) identifies the forest management activities that will be
conducted along with a schedule of those activities; and 3) identifies the reporting
requirements for implementing the management of the restoration project.

1.1.       Project Description

The restoration project is located approximately five miles north-northeast of Houma, on
non-industrial, privately owned land and is situated north of and adjacent to the Bayou
Grand Coteau Mitigation Area (BGCMA) (Figure 1). The BGCMA comprises the
southern portion of the property and is a U.S. Army Corps of Engineers-approved

1
  The Louisiana state trustee agencies for LOSCO NRDA case file #LA2002_0611_1715 are as follows:
  1) the Louisiana Oil Spill Coordinator’s Office, Office of the Governor (LOSCO); 2) the Louisiana
  Department of Wildlife and Fisheries (LDWF); and 3) the Louisiana Department of Environmental
  Quality (LDEQ).
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     Figure 1. Vicinity map of the restoration project site located north of Houma,
     Louisiana and adjacent to the Bayou Grand Coteau Mitigation Area.
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mitigation area for the planting of bottomland hardwoods and bald cypress trees. A
perpetual conservation servitude encumbers the portion of the property that includes the
mitigation area and a ~67-acre “natural area” (buffer), which lies to the north (referred to
herein as the “BGCMA Conservation Servitude” [Attachment 5 of the Settlement
Agreement for NRDA case file #LA2002_0611_1715 (Lake Palourde 2002)]). The
restoration project will be designed to convert at least 13.3 acres of seasonally flooded
and semi-permanently flooded black willow swamp (Salix nigra) and Chinese tallow
thicket (Triadica sebifera (L.) Small) to bald cypress – water tupelo (Taxodium distichum
(L.) L.C. Rich – Nyssa aquatica L.) swamp. Approximately 10.69 acres of the 13.3 -acre
restoration project will be constructed in the “natural area” and will be protected by the
existing BGCMA conservation servitude. The remaining 2.69 acres of the restoration
project, which lies outside the “natural area” and is not protected by the BGCMA
Conservation Servitude, will be encumbered by an additional conservation servitude
established by the Trustees, Unocal and the Landowner for a period of at least 60 years
(Attachment 4 of the Settlement Agreement for NRDA case file # LA2002_0611_1715
[Lake Palourde 2002]). As discussed in section 5.3.3 of the Final DARP (Attachment 1
of the Settlement Agreement for NRDA case file #LA2002_0611_1715 [Lake Palourde
2002]), the restoration project was scaled for and is intended to provide ecological
services for 60 years. Both conservation servitudes are held by the Louisiana
Conservation Corporation and are recorded in the conveyance records of Lafourche
Parish, Louisiana.

The restoration goal of the project is to create sustainable, structurally and functionally
equivalent, bald cypress - water tupelo swamp habitat that compensates the public for
lost natural resources and services resulting from the incident. By implementing the
restoration project, the Trustees and Unocal aim to facilitate the natural succession of
the area from black willow swamp and Chinese tallow thicket to bald cypress – water
tupelo swamp habitat. This purpose will be accomplished by: 1) initially treating the
black willow with an herbicide to eradicate the dominant overstory species at the site,
thereby allowing more sunlight to reach the forest floor; 2) planting bald cypress and
water – tupelo saplings at the site to reestablish a climax community of bald cypress
and water – tupelo trees; and 3) periodically treating the Chinese tallow trees and other
undesirable tree species, presently pervasive at the site, with an herbicide for a period
of approximately 15 years to allow the planted saplings to time to grow and eventually
achieve canopy closure. Once canopy closure has been achieved, it is anticipated that
the bald cypress and water – tupelo trees will effectively shade-out future recruits of
Chinese tallow and other undesirable species and become the climax species at the
restoration project site

1.2.       Forest Management Goal



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The goal of this forest management plan is to use standard forest management
practices at the restoration project site to facilitate the development of a bald cypress -
water tupelo dominated swamp and achieve the overarching goal of the restoration
project.


2. FOREST MANAGEMENT ACTIVITIES AND SCHEDULE

2.1. Scope of Forest Management
Forest management activities will be conducted at the restoration project site over the
life of the restoration project (i.e. ≥60 years) and comprise two management phases.
Table 1 provides a schedule of forest management activities required by the Landowner
during Phase 1 and Phase 2 of the forest management period following successful
completion of performance monitoring by Unocal as specified in the RIMP. Phase 1
forest management will ensue for a 15 year period2. The initial part of Phase 1 forest
management will occur prior to the activation of this FMP and be conducted by Unocal
as part of the implementation of the RIMP; therefore these activities are outside the
scope of this FMP. The latter part of Phase 1 forest management will be conducted by
the Landowner and involve: 1) controlling undesirable tree species at the restoration
project site through an aggressive regimen of approved chemical herbicide treatments
to Chinese tallow and other invasive tree species; 2) thinning the forest at the site if the
Trustees determine that the activity would significantly improve habitat quality and not
compromise the long-term success of the restoration project (see section 2.8); and 3)
Best Management Practices (BMP) as described in Recommended Forestry Best
Management Practices for Louisiana3 for proper management of the forest in order to
ensure better water quality, reduce soil erosion, and maximize habitat quality. Phase 2
management activities will: 1) ensue for 45 years following the completion of Phase 1
forest management activities; 2) involve BMP; and 3) be at the discretion of the
Landowner. All forest management activities will be in compliance with the two
aforementioned Conservation Servitudes.

Performance criteria will not be used to evaluate success related to these forest
management activities. Rather, the Trustees and the Landowner will work cooperatively

2
    The Trustees and Unocal believe that the planted saplings will achieve canopy closure during the first
    15 years of the project and will be capable of effectively shading out undesirable tree species that might
    otherwise recruit with more available sunlight, management activities primarily involving the control of
    undesirables will be conducted during the first 15 years of the project (Phase 1).
3
  The “Recommended Forestry Best Management Practices for Louisiana,” was developed and printed in
  2000 by the Louisiana Department of Agriculture and Forestry, The Louisiana Forestry Association, The
  Louisiana Department of Environmental Quality, the Louisiana Logging Council, and the Louisiana
  State University Agricultural Center. The document is available for download at:
  http://www.ldaf.state.la.us/divisions/forestry/forestmanagement/best-management-practices.asp.
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Lake Palourde FMP_121008a_Final.docx                  A-4                                     FMP/APPENDIX A
Settlement Agreement (LA2002_0611_1715 [Lake Palourde 2002])                   Attachment 3
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Table 1.     Forest Management Activities Following Initial Period of Performance
Monitoring and Management.
                                             Period of Forest Management

                                                  Forest Management – Landowner
                            Performance                       (FMP)
      Forest                Monitoring -
    Management                Unocal
      Activity                (RIMP)4                      Phase 1                          Phase 2


                                   Years   Year    Year      Year       Year       Year       Year
                                    1-5     7       9         11         13         15        15-60
     Control of
    Undesirables5
                                                                                      6
      Thinning
       BMP7



over the 10-year period following successful completion of the RIMP to implement the
specific Phase 1 forest management activities identified in Table 1. After this 10-year
period and upon successful completion of the prescribed activities, the restoration
project site will be managed during Phase 2 by the Landowner and remain encumbered
by the aforementioned conservation servitudes for the tenure of the restoration project.
The Trustees and Unocal believe that implementation of these management activities
over the life of the restoration project will maximize the likelihood of successful
development of bald cypress – water tupelo swamp habitat and the restoration and
compensation of in-kind service flows that were lost as a result of the incident.


4
  A description of management activities required during performance monitoring is provided in the RIMP
  (Attachment 2 of the Settlement Agreement for NRDA case file # LA2002_0611_1715 [Lake Palourde
  2002]).
5
  This management activity shall be conducted no more than two years after the last treatment during
  performance monitoring and shall be conducted at least every two years thereafter for a period of 10
  years. For example, if all performance criteria are met in Year 5 and the last treatment was conducted
  in Year 5 then the next treatment would be conducted in Year 7. If, however, all performance criteria
  are not met until Year 7 and the last treatment was conducted in Year 7 then the next treatment would
  be conducted in Year 9 and every other year thereafter through Year 17.
6
  Thinning will be at the discretion of the Trustees and may be required if the Trustees determine that the
  activity would significantly improve habitat quality and not compromise the long-term success of the
  project.
7
  BMP as described in Louisiana’s Best Management Practices is recommended for proper management
  of the forest to ensure better water quality, reduce soil erosion, and maximize habitat quality.
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2.2.       Period of Landowner Responsibilities and Obligations

Pursuant to the RIMP, all management activities conducted during performance
monitoring (i.e. Year 1 through Certificate of Completion of the Restoration Project, as
specified in section 3.8 of the RIMP) will be the sole responsibility of Unocal. Pursuant
to this FMP, all management activities conducted after the successful completion of the
RIMP (i.e. after the Certificate of Completion of the Restoration Project has been issued
by the Trustees to Unocal) will be the sole responsibility of the Landowner. Therefore, if
Unocal successfully completes the RIMP in Year 5 then Phase 1 management required
by this FMP would be the responsibility of the Landowner for the 10-year period
between Year 5 and Year 15 and Phase 2 management would ensue for the 45-year
period between Year 15 and Year 60. If successful completion of the RIMP by Unocal
is not achieved until after Year 5, then Phase 1 management required by this FMP
would be the responsibility of the Landowner for the 10-year period following successful
completion of the RIMP (e.g. Year 7 to Year 17) as determined by the Trustees. Phase
2 management shall be performed by the Landowner during the subsequent 45-year
period (e.g. Year 17 to Year 62).

2.3.       Notification to Proceed with Implementation of FMP

Following Trustee approval of the Final Monitoring Report (as specified in section 3.4 of
the RIMP), the Lead Administrative Trustee (LAT) will notify the Landowner to proceed
with implementation of this FMP. Information on the Phase 1 management activities
conducted by Unocal during performance monitoring and a copy of the Certificate of
Completion of the Restoration Project will be provided with this notification.

2.4.       Reporting Requirements

The Landowner shall submit a status report to the LAT within 60 days of each herbicide
treatment event during the Phase 1 management phase defined in this FMP. Reports
should include: 1) a brief description of all management activities that have occurred at
the restoration project site since the last status report, and 2) the type of herbicide used
and the locations of all treatments. Ground-based photography of the forest is
recommended but not required. The Trustees shall review the report and provide
comments as specified in Section 2.6. A Final Status Report will be submitted by the
Landowner after the final required herbicide treatment (e.g. Year 15) has been
completed. This report will provide the same type of information as the previous status
reports. After reviewing the Final Status Report and upon finding that the forest
management activities were conducted in accordance with the requirements of this
FMP, the Trustees, through the LAT, will provide written notice to the Landowner or
their designee approving the final report. If the Trustees determine that the required
forest management activities have not been conducted in accordance with the
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requirements of this FMP, the Trustees may withhold approval of the report until they
determine that such activities have been satisfactorily completed. If thinning is required,
the Trustees may require a forest thinning plan (see section 2.9) and summary report
following completion of thinning activities. No reports will be required during the passive
management phase of the forest monitoring period.

2.5.       Site Visits

During the implementation of the FMP, the Trustees, through the LAT, may request in
writing, from time to time, a site visit from the Landowner (e.g. after a required herbicide
treatment, during passive management) and the Landowner will grant such access.
The Landowner, or his designated representative, will respond to the LAT within 30
days of the request, determine a date that is amenable to both parties, and provide ATV
transportation to the site. Within 7 days of the scheduled site visit, the LAT will confirm
the number of Trustees who will attend the site visit. The date of the site visit may be
changed upon agreement of the Landowner and the Trustees if weather conditions, or
other circumstances, justify rescheduling the trip. In the event of a tropical cyclone
passage, the trustees may require an unscheduled site visit to visually inspect the
restoration project.

2.6.       Trustee Review and Approval of Reports

The Trustees will review and provide comments on any Plan, Report or other document
within 30 days of receipt. The Trustees may approve documents in whole or in part, or
disapprove documents. For any disapproval or partial approval, the Trustees will set
forth the basis of the disapproval. Within 30 days, the Landowner shall provide a
revised document that either integrates the comments or provides an explanatory
response to the Trustee’s comments. Any requests for time extension by either the
Trustees or Unocal will be made within these specified time periods.

2.7.       Completion of Active Management Letter

Following Trustee approval of the Final Status Report and a determination by the
Trustees that thinning will not be required, the Landowner may submit a request for a
Completion of Active Management Letter (CAML). The Trustees, through the LAT, shall
issue a CAML within a reasonable time period following receipt of the request. Once
the Landowner has received the CAML, Phase 2 forest management activities, as
specified in section 2.1 of this Plan, will commence.

2.8.       Need for Forest Thinning



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Lake Palourde FMP_121008a_Final.docx         A-7                                FMP/APPENDIX A
Settlement Agreement (LA2002_0611_1715 [Lake Palourde 2002])                   Attachment 3
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If, at the end of the 10-year Phase 1 management period, the Trustees determine that
thinning would significantly improve habitat quality and not compromise the long-term
success of the restoration project, the Trustees may require thinning to be undertaken
by the Landowner.

2.9.       Forest Thinning Plan

If the Trustees require thinning at the restoration project site, the Landowner will submit
a Forest Thinning Plan for approval by the Trustees. This Plan will specify the actions
to be undertaken by the Landowner and provide a schedule of proposed activities. The
Forest Thinning Plan should be submitted to the LAT for approval by the Trustees within
90 days of notification from the Trustees requiring forest thinning. Prior to implementing
any forest thinning activities, the Landowner must obtain approval from the Trustees of
such action.




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Lake Palourde FMP_121008a_Final.docx         A-8                                FMP/APPENDIX A

								
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