Full opinion text
ORDER GRANTING IN PART AND DENYING IN PART CROSS MOTIONS FOR SUMMARY JUDGMENT, AND GRANTING PLAINTIFFS’ MOTION FOR PERMANENT INJUNCTION SHEA, District Judge. On March 9, 2001, the Court heard oral argument on the summary judgment motion filed by Plaintiffs, (Ct.Rec.103), and by Defendants Robert Vaught, David Wright and Mike Dombeck (“the Federal Defendants”), (Ct.Rec.109). Defendants Inter-mountain Forest Association, Idaho Forest Owners Association, and Vaagen Brothers Lumber, Inc. (“the Intervenor Defendants”) have joined the Federal Defendants’ summary judgment motion. (Ct. Rec.115.) At the hearing, Plaintiffs were represented by Tom Woodbury and Terrence Sawyer. Aan Campbell represented the Federal Defendants. The Intervenor Defendants were represented telephonically by Robert A. Maynard. The Court has reviewed the motions, the file and those parts of the administrative record cited by the parties. I.OUTLINE OF DECISION.1218 II. BACKGROUND V.V.V. V. V.’.1219 1220 III. CROSS MOTIONS FOR SUMMARY JUDGMENT. 1221 A. Summary Judgment Standard. 1221 B. Old Growth Habitat, Old Growth Species and Sensitive Species. 1221 1. NEPA Requirements for Meaningful Old Growth Data. 1222 a. CNF Old Growth Data. 1222 b. IPNF Old Growth Data. 2. NFMA Requirement for Consistency with LRMP Old Growth Standards . CO OJ N 3. NFMA Requirement to Maintain Old Growth Species Viability. IO <M W 4. LRMP Requirement to Monitor Species Populations. lo <M N 1227 5. NFMA Requirement for Consistency with LRMP Habitat Distribution Standards . 1229 C. Water Quality. 1229-1. CWA Requirements and the Idaho Portion of the Project. 1229 a. Violation of the CWA. 1229 i. Addition of Sediment Load to Degraded Streams . 1230 ii. Reliance on State-Approved BMPs. 1231 b. Violation of the Arbitrary and Capricious Standard. 1232 2. NFMA Requirement for Consistency with the IPNF LRMP Water Quality Monitoring Program. 1232 3. LRMP Requirement to Conduct BMP Effectiveness and Validation Monitoring. 1233 4. LRMP Requirement Regarding WATSED Model Calibration . 1234 5. NEPA Requirements . 1234 a. Assumption Regarding Dead and Dying Trees. 1238 b. WATSED’s Validated/Recalibrated Status and the IPNF LRMP Standard. .1238 c. Disclosure of WATSED’s Failure to Evaluate In-Channel and Stream-Bank Erosion and Effect of Rain-on-Snow and Large Destructive Events. .1239 d. Use of WATSED to Predict Sediment and Water Yield Increases.. .1240 e. Disclosure of Water and Sediment Yield for Project’s First Six Years. .1241 f. Disclosure of Impacts from Rain-on-Snow Discharge Events and from Instream Sediment Discharges. .1242 i. Rain-on-Snow Sediment/Water Discharge Events. .1243 ii. Instream and Streambank Sediment Discharges. .1244 D. Fisheries. .1245 E. Cumulative Impact Analysis under NEPA. .1245 1. Effects of Old Growth Harvest on Old Growth Species. .1246 2. Effects on CNF from Timber Harvest on Adjacent Lands. .1246 a. Cataloging of Past Timber Harvest Activities. .1246 b. Consideration of Adjacent Land Timber Harvest Activities. .1248 3. Effects on IPNF from Logging. .1248 a. Coeur d’Alene Ranger District. .1249 b. Priest Lake Ranger District. .1249 i. Lakeface-Lamb Project EIS. .1250 ii. Stimson Timber Sale. .1250 iii. Analysis of Future Projects. .1250 4. Effects of Water Yield and Sediment Discharge . .1251 5. Effects of Grazing in the IPNF Project Area. .1251 6. Effects of Off Road Vehicles . .1252 F. Summary. IV. PLAINTIFFS’ MOTION FOR PERMANENT INJUNCTION.1254 II. BACKGROUND In late 1998 and early 1999, the United States Forest Service (“Forest Service”) began addressing a Douglas-fir bark beetle outbreak and various ecosystem imbalances in the Colville and Idaho Panhandle National Forests (“CNF” and “IPNF,” respectively). Pursuant to the National Environmental Policy Act (“NEPA”), the Forest Service prepared an environmental impact statement identifying various alternatives for addressing the outbreak and imbalances. The final form of this statement, known as the Final Environmental Impact Statement (“FEIS”), was released to the public on June 14, 1999. On June 11, 1999, the Forest Service issued two records of decision (“RODs”) that adopted, with modifications, several of the alternatives identified in the FEIS. The alternatives adopted by the RODs are known as the Douglas Fir Bark Beetle Project (“the Project”). The Project is to respond to the bark beetle outbreak, restore vegetation, restore aquatic ecosystems, and reduce forest fire fuels — largely by logging 145 million board-feet of trees. Project restoration work is to be implemented either as part of timber sale contracts or with funds generated by those sales. Overall, Project work is expected to affect more than 19,000 acres of forested land in the IPNF and 4,300 acres of forested land in the CNF. Pursuant to 36 C.F.R. §§ 215.9 and 215.13, The Lands Council, Ecology Center, Idaho Conservation League, and Koo-tenai Environmental Alliance (“the Montana plaintiffs”) administratively appealed the Forest Service’s decisions to adopt and implement the Project. The appeals were denied in September 1999. On February 1, 2000, the Kettle Range Conservation Group and Leavenworth Audubon, Adopb-A-Forest (“the Kettle Range plaintiffs”) filed suit in this district challenging the implementation of the CNF portion of the Project on NEPA and NFMA grounds. The judge in that case found that the Kettle Range plaintiffs lacked standing and dismissed the case on July 12, 2000, for lack of subject matter jurisdiction. The Kettle Range plaintiffs filed an appeal on September 8, 2000. The Ninth Circuit reversed and remanded, concluding that the district court should have considered the additional documents filed by the Kettle Range plaintiffs to support standing. On July 10, 2001, the judge in that case granted the Kettle Range plaintiffs’ motion for summary judgment and enjoined the CNF portion of the Project. Plaintiffs filed the instant suit on May 25, 2000, asserting that the Federal Defendants, in approving and proceeding with the Project, violated the Administrative Procedures Act (“APA”), NEPA, NFMA, the Clean Water Act (“CWA”), and the regulations implementing these acts. (Compl., Ct.Rec.l.) At the same time, Plaintiffs filed their First Injunction Motion. The Court denied the motion by letter ruling on July 25, 2000. On October 23, 2000, Plaintiffs filed a Second Injunction Motion consisting of a motion to reconsider the letter ruling and a renewed motion for temporary restraining order and preliminary injunction. The Court denied the second motion and set forth its rationale for both rulings in its December 6, 2000, Order Denying Plaintiffs’ Motion and Renewed Motion for Temporary Restraining Order and Preliminary Injunction, (Ct.Rec.92). Plaintiffs appealed. On February 23, 2001, the Ninth Circuit enjoined the entire Project pending the disposition of the preliminary injunction appeal. (Ct.Rec.150.) On August 8, 2001, the Ninth Circuit issued a second modification of the injunction it had issued in February of 2001 “to permit the removal of timber in both the Colville National Forest and the Idaho Panhandle National Forest that had been cut before the injunction was issued, but has not been skidded or yarded.” (Ct.Rec.179.) That was received in this Court on August 13, 2001. On August 24, 2001, the Ninth Circuit issued an Order denying the motion of the appellants of expedited relief from what they characterized as violations of the second modification of the February Order granting preliminary injunction pending the final disposition of Plaintiffs’ appeal of this Court’s denial of a preliminary injunction. That Ninth Circuit Order was filed in this Court on August 31, 2001. (Ct.Rec.180.) In it the Ninth Circuit referred the question of whether or not its order had been violated to this Court as in a better position to determine if a violation had occurred. (Ct. Rec. 180 at p.3.) It also said, “Land Council’s emergency motion is DENIED without prejudice to renewal in the district court.” (Ct. Rec. 180 at p.3.) However, no such emergency motion was ever filed in this Court which would have been the proper vehicle to determine if a violation had occurred. Hence, this Court has made no such determination. On October 16, 2001, the August 14, 2001 decision of the Ninth Circuit on the merits of the appeal of this Court’s denial of a preliminary injunction was filed in this Court. (Ct.Rec.181.) It reversed this Court’s decision denying the preliminary injunction and remanded it to this Court to determine the “appropriateness of preliminary injunctive relief without relying on that clearly erroneous finding of fact.” (Ct. Rec. 181 p. 5.) The Ninth Circuit extended its injunction pending appeal until this Court rules on the matter or makes a final decision in the case on the merits. (Ct. Rec.6.) On April 23, 2001, Plaintiffs filed their First Amended Complaint, (Ct.Rec.174), having received leave from the Court to do so, (Ct.Rec.168). The First Amended Complaint is identical to the original complaint except numerous statements of fact and four new claims are added. As in the original complaint, Plaintiffs seek 1) a declaration that approving and proceeding with the Project is arbitrary and capricious and violates the APA, NEPA, NFMA and CWA, and of their implementing regulations, and 2) a permanent injunction barring the Federal Defendants from proceeding with the Project until the Federal Defendants have adequately complied with all applicable laws. (Ct. Rec. 174 at 2 ¶ 1.3.) III. CROSS MOTIONS FOR SUMMARY JUDGMENT On January 19, 2001, Plaintiffs and the Federal Defendants filed the instant cross motions for summary judgment. They each assert that there is no dispute regarding any material fact and that they are entitled to judgment as a matter of law. Plaintiffs also seek a permanent injunction. Plaintiffs raise fourteen claims in their First Amended Complaint, (Ct.Rec.174). Because the parties’ motions are for full, rather than partial, summary judgment, and because the Federal Defendants address each of Plaintiffs’ fourteen claims, the Court deems this suit to comprise only those issues raised in the parties’ summary judgment memoranda and, pursuant to the Plaintiffs’ request, in the Plaintiffs’ two preliminary injunction motions. (Pis.’ Mem. Supp. Mot. Summ. J. & Permanent Inj., Ct. Rec. 104, at 2 11. 5-7.) The claims and issues have been grouped according to subject matter and are addressed accordingly hereinafter. A. Summary Judgment Standard In asserting that the Federal Defendants’ decision to approve and proceed with the Project is arbitrary and capricious and violates the APA, NEPA, NFMA, CWA and their implementing regulations, Plaintiffs essentially ask the Court to review the Federal Defendants’ decision pursuant to the APA, 5 U.S.C. § 706. See Dredge Corp. v. Penny, 338 F.2d 456, 462 (9th Cir.1964) (holding that because the complaint’s claims were based on the alleged invalidity of certain administrative decisions, the court proceeding was essentially one to review those decisions pursuant to 5 U.S.C. § 1009(e) [now § 706]). A reviewing court shall set aside agency actions, findings and conclusions that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C.A. § 706(2)(A) (West 1996). Because an agency’s action is presumed to be valid, the challenging party bears the burden of proving that the action violates § 706(2)(A). See Preston v. Heckler, 734 F.2d 1359, 1372 (9th Cir.1984); Varicon Int’l. v. Office of Pers. Mgmt., 934 F.Supp. 440, 444 (D.D.C.1996); Natural Res. Def. Council v. United States Envtl. Prot. Agency, 806 F.Supp. 1263, 1272 (E.D.Va. 1992). A court shall enter summary judgment in favor of a moving party if “there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). A district court reviewing an agency decision pursuant to § 706 is not required to resolve any facts; rather, the court “is to determine whether or not as a matter of law the evidence in the administrative record permitted the agency to make the decision it did.” Occidental Eng’g Co. v. Immigration & Naturalization Serv., 753 F.2d 766, 769 (9th Cir.1985); see also Northwest Motorcycle Ass’n v. United States Dep’t of Agric., 18 F.3d 1468, 1472 (9th Cir.1994). Accordingly, “summary judgment is an appropriate mechanism for deciding the legal question of whether the agency [based on the record before it at the time] could reasonably have found the facts [and reached the decision] that it did.” Occidental, 753 F.2d at 770; see also Northwest Motorcycle, 18 F.3d at 1472. Therefore, in deciding the parties’ summary judgment motions, the Court applies the legal standards governing a review conducted pursuant to § 706(2)(A) and determines whether, as a matter of law, the Federal Defendants’ decision to approve and proceed with the Project is arbitrary and capricious or violates the APA, NEPA, NFMA, CWA and their implementing regulations. See, e.g., Oregon Natural Res. Council v. Lowe, 109 F.3d 521, 526 (9th Cir.1997) (applying, in a review of the district court’s summary judgment rulings regarding Forest Service’s actions, the “arbitrary and capricious” standard to a NFMA challenge and the “hard look” standard to a NEPA challenge). B. Old Growth Habitat, Old Growth Species and Sensitive Species Plaintiffs assert that the Federal Defendants violated the APA, NEPA and NFMA with respect to old growth habitat, old growth species and sensitive species. 1. NEPA Requirements for Meaningful Old Growth Data Plaintiffs claim that the FEIS does not present, and the Federal Defendants did not rely on, high quality old growth forest data, with the result that the Federal Defendants’ decision violates NEPA and is arbitrary and capricious. Specifically, Plaintiffs assert with respect to the CNF that (1) the FEIS fails to provide information on the amount of old growth, (2) there is no old growth field-verified inventory, and (3) the FEIS fads to set forth the old growth standard from the CNF Land and Resource Management Plan (“LRMP”). With respect to the IPNF, Plaintiffs claim that (1) the old growth data that the FEIS draws from the timber stand management reporting system (“TSMRS”) database is at least 15 years old, inaccurate, and incomplete, and (2) the FEIS should have disclosed such deficiencies. a. CNF Old Growth Data Old growth forests encompass the later stages of stand development that typically differ from earlier stages in characteristics such as tree age, tree size, number of large trees per acre and basal area. Attributes such as decadence, dead trees, the number of canopy layers and canopy gaps are also important but are more difficult to describe because of high variability. (Fed. Defs.’ Opp’n Pis.’ Mot. Prelim. Inj., Ct. Rec. 7, FEIS & ROD, Ex. 1, FEIS Acronyms and Glossary “Old-growth Forest” at AG-11 — AG-12.) Within the CNF, Structural Stage 6, a multi-stratum stage with at least eight large trees per acre, and Structural Stage 7, a single storied stage with at least eight large trees per acre, are considered “late and old structure” (“LOS”), (Ct. Rec. 7 Ex. 1 FEIS at III — 675, AG-18 — AG-19). Together, these stages apparently encompass, but are not composed solely of, the CNF’s old growth. (Ct. Rec. 7 Ex. 1 FEIS at III-665, IU-681.) The FEIS sets forth the acreage for each structural stage in the CNF Project Analysis area. (Ct. Rec. 7 Ex. 1 FEIS at III-680.) It does not set forth CNF old growth acreage information, old growth inventory data, or the old growth standard from the CNF LRMP. However, readers are referred to the “project files,” (Ct. Rec. 7 Ex. 1 FEIS at 1-2), where field reconnaissance survey forms identify the units considered in the FEIS that contain old growth, (Ct. Rec. 7, Elec. Project File, Ex. 2, Newport Ranger District, Project Files CD ROM #4, Vegetation Douglas Fir Beetle Surveys subdirectories, N_VE_1-31). The FEIS’s failure to provide information on the amount of old growth, to provide old growth field-verified inventory and to set forth the CNF’s LRMP old growth standard does not prevent the FEIS from having presented, nor the Federal Defendants from having relied on, high quality old growth forest data that is required by 40 C.F.R. § 1500.1(b). See Idaho Sporting Cong. v. Thomas, 137 F.3d 1146, 1150 (9th Cir.1998). The field reconnaissance survey forms provide sufficient hard data to support the FEIS statement that “[a]ll units were evaluated for potential old growth characteristics. No alternatives propose treatment in any old growth stands, therefore old growth abundance would be unaffected by any action alternative.” (Ct. Rec. 7 Ex. 1 FEIS at III-676.) Accordingly, in this regard, the Federal Defendants’ decision does not violate NEPA and is not arbitrary and capricious. The Federal Defendants’ motion for summary judgment on this issue is GRANTED; Plaintiffs’ motion is DENIED. b. IPNF Old Growth Data Information on forest structural stages in the IPNF Project areas is based on the TSMRS database, a database developed from stand exam information, historical records and aerial photo interpretation. (Ct. Rec. 7 Ex. 1 FEIS at III-14, III-375.) The FEIS references the “project files,” (Ct. Rec. 7 Ex. 1 FEIS at 1-2), which contain old growth field survey notes for the units considered by Project alternatives, (Ct. Rec. 7 Ex. 2, Priest Lake Ranger District, Project Files CD ROM #2, Vegetation, OlcLGrowth subdirectories, P_VE_1-110; Ct. Rec. 7 Ex. 2, Coeur d’Alene River Ranger District, Project Files CD ROM # 1, Vegetation, Oldgrowth and Field-Notes subdirectories, VE_1-18). Most of the surveys were conducted in November 1998. Plaintiffs’ claim that the TSMRS database is at least 15 years old and has been found, on field review, to overstate old growth by 32-56%. (Decl. Jeff Juel, Ct. Rec. 105, at 9 ¶¶ 27-29, 10 ¶¶ 30-31.) However, as the administrative record demonstrates, much if not most of the old growth data regarding the IPNF Project area was in fact updated in November 1998 or during the preceding and following months. This updated information provides the hard data supporting the FEIS statements that “no harvest within old growth is proposed in the Coeur d’Alene [Project area]” and that dead douglas-fir and understory trees will be harvested from dry site old growth ponderosa pine stands in the Priest Lake Project Area. (Ct. Rec. 7 Ex. 1 FEIS at III-829.) Accordingly, the FEIS presented, and the Federal Defendants relied on, high quality old growth forest data. There were no data deficiencies regarding actual old growth forest data which require disclosure. With respect to these issues, the Federal Defendants’ decision does not violate NEPA and is not arbitrary and capricious. Accordingly, the Federal Defendants’ summary judgment motion is GRANTED with respect to this issue; Plaintiffs’ motion is DENIED. 2. NFMA Requirement for Consistency with LRMP Old Growth Standards NFMA requires the preparation of LRMPs, or forest plans, for each administrative unit of the National Forest System. See 16 U.S.C. § 1604(a); 36 C.F.R. 219.4(b)(3) (1999). Site-specific decisions, such as ones to sell timber, “must be consistent with the LRMP for the larger area.” Neighbors of Cuddy Mountain v. United States Forest Serv., 137 F.3d 1372, 1376-77 (9th Cir.1998); 16 U.S.C. § 1604(i); 36 C.F.R. § 219.10(e) (1999). The Forest Service must demonstrate that site-specific projects are consistent with the forest’s LRMP. The CNF LRMP provides that old growth dependent species habitat, consisting of 30,741 acres, will be managed for preservation. (Decl. Constance J. Smith, Ct. Rec. 120, CNF LRMP, Ex. U, at 4-67 — 4-72.) The IPNF LRMP requires maintenance of at least 10% of the forested portion of the IPNF as old growth. (Second Decl. David J. Wright, Ct. Rec. 97, Additional Project R. Docs., CD-ROM Disk 10, IPNF LRMP, Other TPNF_1987_Forest_Plan.pdf, at II-29.) It also sets standards for old growth acreage in several management areas. (Ct. Rec. 97 CD-ROM Disk 10 Other*IPNF_1987_Forest_Plan.pdf chap. III.) The Federal Defendants assert that they need not demonstrate compliance with the LRMP old growth standards because no old growth will be harvested as part of the Project. (Ct. Rec. 7 at 14 lines 17-19.) The sole entry into old growth habitat in the entire Project area will occur in the IPNF’s Priest Lake Ranger District where dead douglas fir will be removed to protect dry site ponderosa pine old growth. (Ct. Rec. 7 at 14 lines 25-27, at 15 lines 1-7.) Plaintiffs respond that such action constitutes old growth logging. The parties’ disagreement arises from differing definitions of “old growth.” As is set forth in the FEIS, Douglas-fír and ponderosa pine old growth in the Priest Lake subbasin historically occurred in very dry to moderately dry habitat types. Very dry sites were dominated by large, old ponderosa pine or Douglas-fir ... Grasses and low shrubs dominated the understory ... Downed woody fuels consisted of widely scattered, large trees, twigs, branches and cones; often the most abundant surface fuel was cured grass. Before the 20th century, these sites were characterized by frequent underburns that eliminated most tree regeneration, thinned young stands, and perpetuated open stands dominated mainly by ponderosa pine. (Ct. Rec. 7 Ex. 1 FEIS at III-363 — HI-364.) The Federal Defendants assert that “on dry sites removal of unnatural concentrations of dead, dying, and dense understory Douglas-fir is fully consistent with, and beneficial to, the continuing function of these stands as old growth.” (Ct. Rec. 132 at 9 11.12-14.) The Court finds reasonable the old growth definition set forth in the FEIS. The definition provides a rational and ample basis for the Federal Defendants’ conclusion that the removal of the dead, dying and dense Douglas-fir understory in the Priest Lake Ranger District’s dry site ponderosa pine old growth is not logging of old growth. Accordingly, the Court defers to the Federal Defendants’ determination regarding logging of old growth. See Marsh v. Oregon Natural Res. Council, 490 U.S. 360, 378, 109 S.Ct. 1851, 104 L.Ed.2d 377 (1989) (“when specialists express conflicting views, an agency has discretion to rely on the reasonable opinions of its own qualified experts.”) Plaintiffs claim that even if the Project does not log old growth, compliance with the LRMPs’ old growth standards must be demonstrated to ensure that the mature trees logged under the Project are not needed to fill any shortfall in the required old growth acreage. As the FEIS states, “[ejxisting structurally immature stands could provide old-growth habitat over time if not disturbed or if managed to maintain large, old, diseased and dead structural components of the forest within levels needed to provide suitable habitat.” (Ct. Rec. 7 Ex. 1 FEIS at III-243.) The Court concurs with Plaintiffs’ interpretation of the requirement that projects be consistent with land and resource management plans. Although the Project will not log forest meeting the technical definition of old growth, it will harvest trees. For the Project to be consistent with the CNF and IPNF LRMPs, the tree harvest must be consistent with the LRMP old growth requirements. The Federal Defendants must therefore demonstrate either that adequate old growth acreage exists in the CNF and IPNF to satisfy the LRMP old growth standards or that the timber slated to be harvested under the Project is not needed to fulfill old growth standards. Neither party cites any data in the record demonstrating that either the CNF or IPNF LRMP old growth standards are being met or that the trees being logged pursuant to the Project are not needed as replacement old growth. The Federal Defendants state that 231,000 of the IPNF’s 2,310,000 forested acres must be maintained as old growth, (Fed. Defs.’ Revised Mem. Supp. Mot. Summ. J., Ct. Rec. 121, at 33 11. 25-26), and report that over 300,-000 acres in the IPNF have been allocated or inventoried as old growth, (Ct. Rec. 121 at 34 11. 1-8.) However, no citation to the administrative record is provided. Additionally, Plaintiffs dispute the accuracy of this old growth data, having noted that the TSMRS database has been found to overstate old growth by 32-56%. (Decl. Jeff Juel, Ct. Rec. 105, at 9 ¶¶ 27-29, 10 ¶¶ 30-31.) Accordingly, the Federal Defendants’ decision violates NFMA by failing to demonstrate consistency with the CNF and IPNF old growth standards. Plaintiffs’ motion for summary judgment on this issue is GRANTED; the Federal Defendants’ motion is DENIED. 3. NFMA Requirement to Maintain Old Growth Species Viability Plaintiffs assert that the Project triggers NFMA’s requirements with respect to the viability of old growth species because the Project will log old growth and mature forests that soon will become old growth. They allege that these viability requirements have been violated because the Forest Service has failed to maintain adequate old growth habitat and to gather and rely on actual population monitoring data for old growth species. NFMA regulations require forest supervisors to “provide for diversity of plant and animal communities and tree species consistent with the overall multiple-use objectives of the planning area.” 36 C.F.R. § 219.26 (1999). Forest supervisors must manage fish and wildlife habitat “to maintain viable populations of existing native and desired non-native vertebrate species.” 36 C.F.R. § 219.19 (1999). To insure viable populations are maintained, “habitat must be provided to support, at least, a minimum number of reproductive individuals,” id., and population trends of management indicator species (“MIS”) must be monitored, see 36 C.F.R. § 219.19(a)(6) (1999). Forest supervisors can fulfill NFMA’s population monitoring requirement by maintaining sufficient, undisturbed habitat. See Idaho Sporting Cong., 137 F.3d at 1153-54 (citing Inland Empire Pub. Lands Council v. United States Forest Serv. (Inland Empire United States), 88 F.3d 754, 760 (9th Cir.1996)). Contrary to Plaintiffs’ assertion and as has been discussed above, the Project does not log old growth. However, because the record does not demonstrate either (1) that LRMP old growth standards have been met or (2) that undisturbed old growth habitat exists that is capable of supporting a minimum number of reproductive individuals, it is unclear if the Project affects old growth habitat by logging mature forests needed to fulfill old growth shortfall. Accordingly, it is unclear if the Project triggers NFMA’s requirements regarding old growth species viability. The summary judgment motions on this issue are DENIED. 4. LRMP Requirement to Monitor Species Populations The CNF LRMP provides for annual monitoring of 10% of the MA-1 areas for population and nesting. The IPNF LRMP provides for annual measurement of population trends of indicator species, with reporting to occur every five years. (Ct. Rec. 97 CD-ROM Disk 10 IPNF_1987JForestJPlan.pdf at IV-11.) Plaintiffs assert that these commitments are intended to comply with the NFMA regulations set forth in 36 C.F.R. §§ 219.10(g), 219.12(d), and 219.19(a)(6), which include the requirement to “obtain and keep current inventory data appropriate for planning and managing [forest] resources.” (Pis.’ Mem. Supp. Mot. Temp. Restraining Order & Prelim. Inj., Ct. Rec. 4, at 15-16.) Noting that there is no annual population data for the IPNF or CNF and no population trend information for IPNF old growth species, Plaintiffs claim that the Forest Service has violated LRMP population monitoring requirements. (Ct. Rec. 4 at 16 lines 10-15.) Plaintiffs’ complaint, construed within the parameters of this suit, seems to be that the absence of population data (1) prevents the Federal Defendants from demonstrating that the Project is consistent with the LRMPs, as required by NFMA, and (2) renders the Federal Defendants’ decision regarding the Project arbitrary and capricious. Any failure of the Forest Service to monitor the CNF MA-1 areas for species populations is not relevant here. Since the Project will not log, treat or even enter actual CNF old growth, any absence of such population information — the purpose of which is to determine if old growth is being managed to maintain old growth dependent species — does not cause the Federal Defendants’ decision to violate NFMA or be arbitrary and capricious. The Federal Defendants’ decision regarding the IPNF portion of the Project relies on data from habitat monitoring and habitat analysis, rather than on population trend measurements. Habitat monitoring may be used as a proxy for collecting actual population data even when an LRMP requires population monitoring. Idaho Sporting Congress, 137 F.3d at 1154. Deferring to the Forest Service’s expertise in interpreting its land management plan, Idaho Sporting Congress observed that the plan provided for monitoring habitat quantity and quality and determined that the issue was one of scientific methodology, specifically, how best to track species populations. The IPNF LRMP specifies no methodology for measuring population trends of indicator species. Rather, it identifies only “State Fish and Game Department” as a “monitoring technique or information source.” (Ct. Rec. 97 CD-ROM Disk 10 IPNF_1987_Forest_Plan.pdf at IV-9, IV-11.) The IPNF Forest Plan Monitoring and Evaluation Report for 1998 (Ct. Rec. 121 Ex. 4), reveals that the Forest Service has done some population monitoring. Noting that “[ejstimating population numbers and trends can be extremely difficult,” the Plan states that “[h]abitat information may be used where population data are lacking.” (Ct. Rec. 121 Ex. 4 at 23.) Continued monitoring is based on funding and priority. (Ct. Rec. 121 Ex. 4 at 23.) The Court finds that the use of habitat monitoring as a means of monitoring species is consistent with the IPNF LRMP and is not arbitrary and capricious. Idaho Sporting Congress, 137 F.3d at 1154. Habitat analysis can be used to demonstrate consistency with NFMA’s requirement to manage habitat to maintain viable species populations and to evaluate a project’s effect on habitat and population trends. See Inland Empire United States, 88 F.3d at 759-63. In Inland Empire United States, the Forest Service conducted a habitat analysis that began by relying on studies for the number of acres an individual of each species needs to survive and the percentage of those acres needed for particular purposes, such as nesting, feeding, and denning. See id. at 759. The Forest Service concluded that a species will remain viable as long as the threshold percentage of each type of habitat that remained after project completion was greater than the percentage required for the species’ survival. See id. at 759. The court approved of this method, finding reasonable the Forest Service’s assumption that maintenance of the habitat acreage necessary for survival in fact assures the species’ survival. See id. at 761. The Federal Defendants’ IPNF habitat analysis consisted of (1) determining the species or species habitats that would be significantly affected by the Project, (Ct. Rec. 7 Ex. 1 FEIS at III-246 — III-248 for the Coeur d’Alene River Ranger District; at III-567 — III—568 for the Priest Lake Ranger District), (2) conducting a detailed study of the Project’s impacts on the habitats of those species by establishing (a) habitat thresholds, (Ct. Rec. 7 Ex. 1 FEIS at III-278, III — 298, III-572, III-574, HI-576, III-579), (b) existing habitat conditions, and (c) anticipated habitat changes due to the Project, and (3) determining the amount of habitat that would exist after Project implementation, (Ct. Rec. 7 Ex. 1 FEIS at 11-40,11-41,11-46, III-278 — HI-279, III-280, III-281, III-291, III-300, III-587 — III-588, III-591, III-602 — HI-603, III-611, III — 617). This analysis comports with the one endorsed in Inland Empire United States. Because the Forest Service’s use of habitat monitoring in lieu of population monitoring is consistent with the IPNF and not arbitrary and capricious, and because the Federal Defendants’ habitat analysis mirrors the one approved of in Inland Empire United States, the Federal Defendants neither violated NFMA nor were arbitrary and capricious when they relied on habitat monitoring and analysis, rather than population monitoring, in determining whether Project is consistent with the LRMPs and in deciding to proceed with the Project. The Court DENIES Plaintiffs’ motion for summary judgment on these issues and GRANTS the Federal Defendants’ motion. 5. NFMA Requirement for Consistency with LRMP Habitat Distribution Standards Plaintiffs assert that the Federal Defendants violate NFMA because even if the Forest Service monitored habitat in lieu of population trends, they nonetheless fail to demonstrate that the LRMP habitat distribution standards for certain MIS have been met. Plaintiffs specifically cite to the IPNF and CNF LRMP habitat distribution standards for the pileated woodpecker and to the CNF LRMP habitat distribution standards for northern three-toed woodpecker, marten, barred owl and primary cavity excavators. The Federal Defendants must demonstrate consistency with the LRMP habitat distribution standard for a species only if Project activities will destroy habitat acreage for that species or will destroy potential habitat needed to fill any shortfall in the required habitat acreage. The pileated woodpecker discussions in the IPNF portion of the FEIS indicate that habitat requirements with respect to snags and old growth structure will not be compromised by the project alternatives. (Ct. Rec. 7 Ex. 1 FEIS at III-258, HI-581.) However, it is unclear if the project activities, and hence project consequences, would be the same on land not recognized as pileated woodpecker habitat as on land already meeting habitat requirements. For example, the discussions state that “[n]o treatments are proposed that would reduce old-growth structure or integrity where it occurs.” (Ct. Rec. 7 Ex. 1 FEIS at III-258, III — 581.) Accordingly, the Federal Defendants must demonstrate consistency with the IPNF LRMP habitat distribution standard for pileated woodpecker only if the project consequences on land not recognized as pileated woodpecker habitat will be more severe than on recognized habitat. Because it is unclear if the Federal Defendants must perform such a demonstration, it is unclear if they have violated NFMA; Plaintiffs motion for summary judgment on this issue is therefore DENIED. The woodpecker section in the CNF portion of FEIS indicates that the project will not destroy woodpecker habitat and that project effects, relative to woodpecker habitat requirements, will be the same across the treatment areas. The CNF LRMP habitat standard for pileated woodpecker requires a minimum average of two hard snags per acre in each 300 acre reproductive areas. (Ct. Rec. 120 Ex. U at 4-39 ¶ 3.a.) There must also be a minimum average of two hard snags per acre on the 300 acre feeding area. (Id.) The standard for the northern three-toed woodpecker is a minimum average of two hard snags per acre in each 75 acre reproductive area. (Ct. Rec. 120 Ex. U at 4-39 ¶ 3.b.) These snags should be more than ten inches DBH, except that forty-five should be more than 12 inches DBH. (Id.) The CNF woodpecker section in the FEIS states that “[a]ll [treatment] alternatives would retain 4 snags per acre in dry forest types and 6 snags per acre in the moist forest types. In all cases, the snags would be designated from the largest d.b.h. size class available.” (Ct. Rec. 7 Ex. 1 FEIS at III — 796.) It further notes that “[a]ll alternatives would maintain at least the 100% potential population for snag and cavity dependent species in the timber harvest and prescription burn unit.” (Ct. Rec. 7 Ex. 1 FEIS at III-797.) These statements indicate that the project will not harm existing woodpecker habitat and will treat recognized and unrecognized, but potential, woodpecker habitat the same. Accordingly, the Federal Defendants need not demonstrate consistency with the LRMP habitat distribution standard for this species. Plaintiffs’ motion for summary judgment on this issue is DENIED. The FEIS’s discussion of the marten in the CNF project area concludes that the treatment alternatives meet the LRMP standards and guidelines for pine marten. (Ct. Rec. 7 Ex. 1 FEIS at HI-793.) The CNF LRMP marten habitat standard provides that stands in the marten areas will have a crown cover of 50 to 100 percent and that natural snag densities and windthrown trees will be preserved. (Ct. Rec. 120 Ex. U at 4-40 ¶ 3.k.) It also sets forth detailed minimum objectives for snag size and density. The FEIS states that treatments would maintain canopy cover and hiding cover (35-60% crown closure) throughout the units and that snags would be retained in sufficient numbers to support a female, denning pine marten. (Ct. Rec. 7 Ex. 1 FEIS at III-792.) However, it is unclear if these results will be the same for treatment areas that are not designated as a pine marten units. Accordingly, it is unclear if the project will harm potential pine marten habitat and therefore if the Federal Defendants must demonstrate consistency with the CNF LRMP marten habitat distribution standard. Plaintiffs motion for summary judgment on this issue is therefore DENIED. The barred owl is an old growth dependent species. The CNF portion of the FEIS states that no treatment is proposed for old growth dependent species habitat areas. (Ct. Rec. 7 Ex. 1 FEIS III-799.) However, as is discussed above, it is unclear if the Project affects old growth habitat by logging mature forests needed to fulfill old growth shortfall. Hence, it is unclear if the Federal Defendants must demonstrate consistency with the CNF LRMP barred owl habitat distribution standard. Plaintiffs motion for summary judgment on this issue is DENIED. With respect to primary cavity excavators, the CNF LRMP requires the maintenance of “dead and defective tree habitat capable of supporting at least 60 percent of the potential population of primary cavity nesters within land areas that are generally no larger than normal harvest unit size.” (Ct. Rec. 120 Ex. U at 4-39 ¶ 3.c.) This standard appears to have been supplanted by the Interim Wildlife Standard of Amendment 2. Nonetheless, the FEIS’s CNF woodpecker section states that “[a]ll alternatives would maintain at least the 100% potential population for snag and cavity dependent species in the timber harvest and prescribed burn units.” (Ct. Rec. 7 Ex. 1 FEIS at HI-797.) The CNF portion of the FEIS provides generally that “snags would be maintained at 100% of population potential for cavity nesters.” (Ct. Rec. 7 Ex. 1 FEIS at III-801.) These statements indicate that existing primary cavity excavator habitat meets the LRMP and Amendment 2 standards and that project treatment will not destroy it. Plaintiffs’ motion for summary judgment on this issue is DENIED. C. Water Quality 1. CWA Requirements and the Idaho Portion of the Project Plaintiffs assert that the Federal Defendants’ decision to approve and proceed with that portion of the Project in Idaho violates the CWA and is arbitrary and capricious. The CWA requires states to implement water quality standards with which federal agencies must comply. See Oregon Natural Res. Council v. Lyng, 882 F.2d 1417, 1424 (9th Cir.1989) (citing 33 U.S.C. §§ 1313, 1323). It also requires states to set forth procedures to control nonpoint sources of pollution such as logging. See id. (citing 33 U.S.C. § 1288(b)(F)-(K)). Proper implementation of these procedures, termed best management practices (“BMPs”), constitutes compliance with the CWA unless water quality monitoring reveals that the BMPs have permitted violation of these water quality standards. See id. a. Violation of the CWA Plaintiffs claim that the Federal Defendants’ decision violated the CWA because the IPNF portion of the Project (1) will cause additional sediment load to streams already degraded with respect to sediment and (2) improperly relies on state-approved BMPs to comply with CWA requirements. i. Addition of Sediment Load to Degraded Streams Idaho’s antidegradation policy provides that [t]he existing instream beneficial uses of each water body and the level of water quality necessary to protect those uses shall be maintained and protected. Where the quality of waters exceeds levels necessary to support propagation of fish, shellfish and wildlife and recreation in and on the water, that quality shall be maintained unless the department finds, after full satisfaction of the intergovernmental coordination and public participation provisions of this chapter, and the department’s planning processes, along with appropriate planning processes of other agencies, that lowering water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing such reductions in water quality, the department shall assure water quality adequate to protect existing uses fully. Idaho Code § 39-3603 (West 2000). The Ninth Circuit has held that this standard only obligates the Forest Service to maintain and protect the level of water quality necessary to protect existing instream water uses. See Idaho Sporting Cong., 137 F.3d at 1153. With respect to nonpoint sources, Idaho law provides in relevant part that [t]here shall be no requirement for persons who ... conduct nonpoint activities ... to meet water quality criteria other than those necessary for the full support of the existing beneficial use for the water body pertinent to ... the non-point activity ... in question. Idaho Code § 39-3604 (West 2000). The FEIS stated that no direct or indirect effects to beneficial uses are anticipated at the more local, tributary scale from harvest activities and road construction, though cumulative benefits due to watershed improvement and sediment reduction may be noticeable in some cases. (Ct. Rec. 7 Ex. 1 FEIS at III-150-III-174.) In the Priest Lake Ranger District Project area, no cumulative watershed-scale effects are anticipated and a net overall improvement in protection of water resources and values is generally expected locally. (Ct. Rec. 7 Ex. 1 FEIS at III-476 — III-503.) Plaintiffs assert that the beneficial effects conclusions are unsupported by quantitative data. They note that in the Projected Watershed Response tables, (Ct. Rec. 7 Ex. 1 FEIS at III-145 — III-174, III-476 — III—503), “annual sediment loading,” or “sediment yield (%),” is reported as the percent change above the “estimated natural sediment yield” for the watershed. (Ct. Rec. 7 Ex. 1 FEIS at III-148— III — 149, III-475.) However, “net associated risk” is expressed in tons of sediment per year and reflects the anticipated change in sediment risk associated with stream crossing construction or removal, a value “important in assessing watershed improvement work associated with the alternatives.” (Ct. Rec. 7 Ex. 1 FEIS at III — 149, III-475.) Because the variables are expressed in different units, and because no monitoring data supports the “net associated risk” estimates, Plaintiffs assert the figures cannot support the conclusions regarding the Project’s beneficial effects. The Watershed Characteristics tables, (Ct. Rec. 7 Ex. 1 FEIS at III-122 — HI-144, III-444 — III-475), however, list “estimated annual sediment,” a value that appears to be the “estimated natural sediment yield,” in tons per square mile of drainage area per year and list the drainage area of the watershed in square miles, (Ct. Rec. 7 Ex. 1 FEIS at III-121, HI-443). Accordingly, although the reader must make several calculations, the FEIS presents data enabling comparison of the “annual sediment loading” and “net associated risk” for each alternative. This comparison is likely crude as the “annual sediment loading” value is not an absolute value but a value relative to the “estimated natural sediment value.” The “net associated risk” figures were “calculated based on measurements or estimates of road fill located at stream crossings.” (Ct. Rec. 7 Ex. 1 FEIS at III-149, III-475.) Contrary to Plaintiffs’ assertion, there is no requirement that such figures be supported by actual monitoring data. The Court finds the issue to be one of methodology and defers to the expertise of the Forest Service. See Inland Empire v. Schultz, 992 F.2d at 981. The Project will cause no negative effects to existing beneficial uses. Therefore, it complies with Idaho’s clean water standards, and does not violate the CWA. Plaintiffs’ summary judgment motion with respect to this issue is therefore DENIED; the Federal Defendants’ motion is GRANTED. ii. Reliance on State-Approved BMPs The IPNF portion of the Project relies on the use of state-approved BMPs to mitigate the sediment loading effects of timber harvest, road construction and site preparation treatment activities. (Ct. Rec. 7 Ex. 1 FEIS at III-160 — IH-174, III-476 — III-503.) Proper implementation of BMPs by nonpoint sources constitutes compliance with the CWA unless water quality monitoring reveals that the BMPs have permitted violation of water quality standards. See Lyng, 882 F.2d at 1424. Plaintiffs assert that it is improper for the Project to rely on BMPs because the WQLS status of so many IPNF Project area streams demonstrates that BMPs have permitted violation of water quality standards and because the water quality monitoring program for the IPNF portion of the project is inadequate. The Federal Defendants explain that the degradation that led to the WQLS designation of the streams either occurred during the 1960s through the 1980s before the current BMPs were in place or resulted from activities on non-Forest Service lands. (Ct. Rec. 121 at 43 11. 6-23.) They observe that BMPs have been revised and improved since the 1970s in response to observed and identified inadequacies and assert there is no evidence that the BMPs adopted in the Project are ineffective at protecting streams and fisheries. (Ct. Rec. 121 at 43 11. 23-26.) Accordingly, the Court concludes that the WQLS status of project area streams does not reflect the efficacy of Project BMPs. The state-recognized BMPs that are to be used during Project design and implementation are set forth in the FEIS, (Ct. Rec. 7 Ex. 1 FEIS at 11-35 — 1-36, app. F), together with a monitoring plan, (Ct. Rec. 7 Ex. 1 FEIS at 11-50 — 11-56.) Water quality monitoring on IPNF Project areas includes monitoring of BMP and mitigation measure implementation and monitoring pursuant to the IPNF LRMP. (Ct. Rec. 7 Ex. 1 FEIS at 11-50 — 11-52,11-54.) The IPNF LRMP water quality monitoring program provides for visual observations to see if BMPs are effective and for selective quantitative effectiveness monitoring. (Ct. Rec. 7 Ex. 1 FEIS at 11-51— 11-52; Ct. Rec. 97 CD-ROM Disk 10 Oth-erHPNF_1987_ForesLRlan.pdf app. JJ at 3 ¶ 3.) Plaintiffs complain that the proposed monitoring plan will not reveal if Project BMPs have permitted water quality standards to be violated. Because sediment is the water quality pollutant of concern, the Court finds that visual observations, supplemented by period quantitative monitoring, are a reasonable method of water quality monitoring. Accordingly, the Court defers to the expertise of the Federal Defendants to prepare a water quality monitoring program adequate to determine the efficacy of Project BMPs. See Marsh, 490 U.S. at 378, 109 S.Ct. 1851. Because the WQLS status of the IPNF Project area streams did not develop during the existence and use of the current BMPs, the Project water quality monitoring plan is adequate to determine the efficacy of the Project BMPs, and the Court is unaware of any data that showed at the time the Federal Defendants’ issued their decision that Project BMPs permitted violation of water quality standards, it is not improper for the Federal Defendants to rely on Project BMPs to comply with the CWA. Plaintiffs’ motion for summary judgment on this issue is DENIED; the Federal Defendants’ motion is GRANTED. b. Violation of the Arbitrary and Capricious Standard Plaintiffs assert that given the already degraded nature of the streams in that portion of the Project in Idaho, it is arbitrary and capricious for the Forest Service to (1) rely on the same failed BMPs which resulted in the degradation and (2) proceed with the Project without careful water quality monitoring requirements that would quantify any sediment impacts, and require mitigation measures to be implemented when certain thresholds are exceeded. As has already been discussed, the Project BMPs did not govern the events that caused the WQLS designation of IPNF Project area streams. Regarding the allegation that the Federal Defendants should have required careful, quantitative water quality monitoring, the Court notes that it found the Project’s water quality monitoring plan to be reasonable and that it must defer to the reasonable opinions of agency experts. The Federal Defendants’ decision — -which incorporated the adoption of the water quality monitoring plan — “need be only a reasonable, not the best or most reasonable, decision.” National Wildlife Fed’n v. Burford, 871 F.2d 849, 855 (9th Cir.1989). Plaintiffs’ motion for summary judgment on the ground that the Federal Defendants’ decision was arbitrary and capricious because it relied on the Project BMPs and adopted the water quality monitoring plan set forth in the FEIS is therefore DENIED. The Federal Defendants’ motion is GRANTED. 2. NFMA Requirement for Consistency with the IPNF LRMP Water Quality Monitoring Program The Project’s water quality monitoring plan directly incorporates the IPNF LRMP water quality monitoring program. (Ct. Rec. 7 Ex. 1 FEIS at 11-50.) The IPNF LRMP water quality monitoring program provides that road construction, timber harvest operations, mining, grazing and recreation use will be monitored by “implementation monitoring.” (Ct. Rec. 97 CD-ROM Disk 10 Other*IPNF_1987_ForestJPlampdf app. JJ at 2 ¶ 2.) Implementation monitoring consists of contract and project administration and internal field reviews, during which visual observations are made to see if BMPs are effective. (Id.) It is to implementation monitoring that the FEIS refers when it states that visual observations will be made. (Ct. Rec. 7 Ex. 1 FEIS at 11-52.) The IPNF LRMP also provides for “effectiveness monitoring,” which is quantitative. (Ct. Rec. 97 CD-ROM Disk 10 Other*IPNF_1987_Forest_Plan.pdf app. JJ at 2 ¶ 3.) However, such monitoring is usually done on a sample basis and emphasizes major non-point source contributing activities such as road construction and maintenance, related erosion control BMPs, riparian area management and major mining projects. (Id.) Accordingly, that the Project’s water quality monitoring plan prescribes implementation monitoring that includes visual observations is consistent with the IPNF LRMP. Plaintiffs’ motion for summary judgment on the basis that the IPNF Project area water quality monitoring plan violates NFMA by calling for visual observation is DENIED. The Federal Defendants’ motion is GRANTED. 3. LRMP Requirement to Conduct BMP Effectiveness and Validation Monitoring Plaintiffs assert that the Forest Service has violated the IPNF LRMP by failing to conduct BMP effectiveness and validation monitoring. Plaintiffs’ claim, construed within the parameters of this suit, seems to be that the absence of such monitoring data renders the Federal Defendants’ decision regarding the IPNF portion of the Project arbitrary and capricious. The IPNF LRMP water quality monitoring program sets forth a variety of types of monitoring that are to be conducted for land management activities. (Ct. Rec. 97 CD-ROM Disk 10 Other*IPNF_1987_ForestJPlan.pdf app. JJ.) However, the program provides that [b]eeause of budgetary changes and the need to revise monitoring strategies as information needs change, site specific monitoring needs are not presented in this plan. This discussion describes the process by which detailed monitoring plans will be developed and implemented to address water quality on the Forest. (Id. at 1.) Monitoring plans are to use four monitoring categories: baseline, implementation, effectiveness and validation. (Id. at 1.) Water Quality Monitoring Plans of Operation are to be prepared for each monitoring project, with the Forest-wide Water Quality Monitoring Plan summarizing individual monitoring plans of operation. (Id. at 2.) A written report documenting all monitoring results is to be prepared annually. (Id. at 2.) The program provides that effectiveness monitoring will usually be done on a sample basis, mainly (1) where there are issues or concerns relating to unknown BMP effectiveness, (2) where the effectiveness of a specialized BMP is questioned, and (3) as a demonstration of a BMP’s effectiveness. (Id. at 3 ¶3.) Results may suggest the need to revise or modify BMPs. (Id. at 4 ¶ 3.) The Forest Service conducts a watershed monitoring program that monitors approximately 18 in-stream sites, (Ct. Rec. 132, Third Decl. Richard Patten, Ex. 2., at 3-5), though it is unclear what effectiveness or validation monitoring is or has been performed. Nonetheless, the apparent absence of effectiveness monitoring data from the record does not render the decision regarding the IPNF portion of the Project arbitrary and capricious. Effectiveness monitoring is essentially done on an as-needed basis at the discretion of the Forest Service. The apparent absence of validation monitoring data from the record also does not render the decision regarding the IPNF portion of the Project arbitrary and capricious. The IPNF LRMP water monitoring program provides only that the amount of validation monitoring will be very limited and that, as of August 1989, a planned validation effort is sediment yield monitoring to compare R1/R4 sediment yield predictions with measured sediment yield. Since the sediment yield for the Project was calculated using the newer WATSED model, rather than the R1/R4 model, validation data for the R1/R4 model would have been tangentially relevant at best. The apparent absence of effectiveness and validation monitoring data from the record does not render the Federal Defendant’s decision regarding the IPNF portion of the Project arbitrary and capricious; the LRMP does not require that such monitoring occur and any effectiveness monitoring results would have been incorporated in the Project BMPs. Plaintiffs’ motion for summary judgment on this issue is therefore DENIED. 4. LRMP Requirement Regarding WATSED Model Calibration Plaintiffs assert that the Federal Defendants violated the IPNF LRMP by fading to annually validate and recalibrate WATSED “on eleven indicator streams.” The Court construes Plaintiffs’ claim to assert that the failure to validate and recalibrate WATSED in accordance with the IPNF LRMP renders the WATSED data unreliable and the Federal Defendants’ decision regarding the IPNF portion of the Project arbitrary and capricious. The IPNF LRMP provision that Plaintiffs quote is a requirement to “validate R-l/R/4 model” annually and adjust the model if the actual value is more than plus or minus 20% of the model prediction. (Ct. Rec. 97 CD-ROM Disk 10 Other*IPNF_1987_Foresh_Plan.pdf at IV-11.) The LRMP provides that the source of information to be used for the validation is “11 streams.” (Id.) It is clear that taken literally, the provision Plaintiffs quote does not apply to WATSED. The validation and calibration requirements of the R-l/R/4 model may-have been rendered obsolete by improvements in WATSED. Neither party disputes that WATSED was calibrated for the IPNF in 1991 and has not been recal-ibrated since. However, even under the R-1/R4 model requirement, recalibration is only required when the actual value is more than about 20% of the modeled value. Richard Patten, the IPNF Forest Hydrologist and Watershed Program Leader, states that the components of WATSED have been continuously monitored and reevaluated since 1991 and that based on his experience using WATSED on the IPNF, “there does not appear to be any need to revise the parameters of the model.” (Ct. Rec. 7 Ex. 9 at 3-4 ¶ 12.) Because the IPNF LRMP requirement concerning R-l/R/4 validation and adjustment does not by its terms apply to WATSED, any failure of the Forest Service to meet that requirement with respect to WATSED is not a basis for finding that the WATSED data is unreliable or that the Federal Defendants acted arbitrarily and capriciously in using it. Plaintiffs’ motion for summary judgment on this issue is therefore DENIED; the Federal Defendants’ motion is GRANTED. 5. NEPA Requirements Plaintiffs assert that with respect to water quality issues, the Federal Defendants’ decision violated NEPA or was arbitrary and capricious because the FEIS fails to contain a reasonably thorough discussion of the significant aspects of the Project’s probable environmental consequences. Specifically, Plaintiffs claims that the FEIS (a) improperly assumed that most of the trees to be logged would be dead or dying, (b) failed to disclose WATSED’s non-validated/recalibrated status and to disclose and demonstrate compliance with the WATSED forest plan monitoring standard, (c) failed to disclose that WATSED does not evaluate in-channel and stream-bank erosion, sediment and water discharge from rain-on-snow events, or the effects of large destructive events, (d) improperly used WATSED to predict potential increases in sediment or water yield, (e) failed to disclose the water and sediment yield for the first six years of the Project, and (f) failed to disclose significant adverse environmental impacts from rain-on-snow sediment/water discharge events and from instream and streambank sediment discharges. a. Assumption Regarding Dead and Dying Trees The FEIS repeatedly implies or states that the estimates of the Project’s impacts to water yield are based on the assumption that the Project will harvest mostly timber that is dead, dying or expected to die. (Ct. Rec. 7 Ex. 1 FEIS at HI-160 — III-174, III — 476—III—503, III-725 — III—738.) The assumption derives from the definition of the two types of tree cutting or harvesting that will occur under the Project. Regeneration harvest generally will occur in stands where greater than 50% of the stand of trees are dead and dying or are expected to die during the beetle outbreak [or,] for the Newport Ranger District, ... are stands where less than 40 square feet of live basal area remain[ ]. Harvesting involves removing most of the dead trees and some green trees ... [generally [resulting in] less than 30% of the trees remaining on these areas. (Ct. Rec. 7 Ex. 1 FEIS “Explanations of Terminology Used in this Final Environmental Impact Statement” “Silvicultural Termination” “Regeneration Harvest”.) Selective harvest will occur in forest stands where less than 50% of the stand is dead or dying or is expected to die from the beetle outbreak and other disturbance agents.... [though] some selective harvest would be done in areas where more than 50% of the stand is dead or dying. For the Newport Ranger District, selective harvest would be used in all stands where greater than 40 square feet of live basal area remain. On most areas, selective harvest would remove only dead trees, but in some areas, where there is the opportunity to maintain or enhance the growth of the desired western larch or ponderosa pine or move the stand towards desired structural stages, green trees would be removed in addition to the dead Douglas-fir. The green trees to be removed would generally be the smaller trees which would be ‘thinned out.’ (Id. “S