Kinder/Morgan Southern Natural Gas. Right-of-Way Maintenance Project Woody Vegetation Control. Decision Notice And Finding of No Significant Impact

Transcription

1 Kinder/Morgan Southern Natural Gas United States Department of Agriculture Southern Region Forest Service March 2013 Right-of-Way Maintenance Project Woody Vegetation Control Decision Notice And Finding of No Significant Impact Talladega National Forest Shoal Creek Ranger District Calhoun and Cleburne Counties, Alabama

2 DECISION NOTICE FINDING OF NO SIGNIFICANT IMPACT WOODY VEGETATION CONTROL - PIPELINE RIGHT-OF-WAY FOR KINDER MORGAN / SOUTHERN NATURAL GAS USDA FOREST SERVICE Talladega National Forest Calhoun and Cleburne Counties, Alabama Southern Natural Gas (SNG) has long held a special use permit for a gas pipeline right-of-way through portions of the Shoal Creek Ranger District (SHO401004) on the Talladega National Forest. Past maintenance practices along the right-of-way has been primarily accomplished through use of tractors equipped with mowers and by hand cutting methods. Southern Natural Gas requested an amendment to their existing permit to allow for selective application of federally registered herbicides in the area of their existing right-of-ways. Herbicide application in these areas is intended to control woody plants that may grow large enough to have root systems that may compromise the safety of the gas pipeline. Decision Based upon my review of the Environmental Assessment (EA), I have decided to implement Alternative 2 (Proposed Action). Specifically, this decision authorizes the application of two specific federally registered herbicides for control of woody vegetation along the gas pipeline right-of-way through the Talladega National Forest, Shoal Creek Ranger District. Initial treatments would be accomplished through use of selective herbicide application with use of a tractor or utility vehicle mounted tank in conjunction with crews directing the application to target plants with brush wands. This initial treatment is intended to reduce the number of woody stems to a density easily controlled by crews on foot equipped with low volume backpack sprayers. This treatment includes a mixture of 2-3% glyphosate, 0.5% imazapyr and 0.125% Hy-End industrial adjuvant, not to exceed 30 gallons of solution per acre, to be applied directly to the foliage of woody material during the growing season. These chemicals must carry an EPA approve label for aquatic application in areas were water is present. Treatments would be repeated every one to three years, three years being the long term target, to encourage and maintain a low-growing, herbaceous plant community that is protective of Southern Natural Gas s underground gas pipeline, conducive to wildlife habitat and less likely to contribute to soil erosion and siltation than traditional mechanical cutting methods. No aerial or stand-level (non-specific targeted) broadcast application methods would be utilized for this project 2

3 Rationale for the Decision The EA for the Special Use Permit Amendment for the use of select herbicides along an existing pipeline right-of-way for Kinder Morgan / Southern Natural Gas documents the environmental analysis and conclusions upon which this decision is based. This proposal was developed in compliance with the Revised Forest Land and Resource Management Plan. The proposed action will: Allow for better control of woody species along the right-of-way corridor while providing for better emergency access and increased safety. Contribute to the viability of native and other desirable wildlife species. Enhance, restore, manage, and create native habitats as required for wildlife and plant communities. The Proposed Action with associated mitigation best meets the needs of the proposed action. The EA addresses public concerns raised by this project as well as environmental consequences of the action. It documents the environmental analysis and conclusion upon with this discussion is based. I selected the Proposed Action because it accomplishes the project objectives and meets the purpose and need for action. Other Alternatives Considered in Detail Alternative 1- No Action Under the No Action Alternative, current management plans would continue to guide woody vegetation management of the project area. The No Action alternative will continue the Special Use Permit as is currently written. Vegetation management would continue to occur via hand and mechanical cutting methods on a biennial basis. The No Action alternative serves as a benchmark or point of reference from which to compare the action Alternatives. Public Involvement The proposed action was developed by the Forest Service, Shoal Creek Ranger District along with Kinder Morgan / Southern Natural Gas. Notice of and opportunity for public input and comment on the proposed action was provided by the following: Kinder Morgan Corporation / Southern Natural Gas Special Use Permit Modification for Pesticide Usage EA has been published on the Talladega National Forest s Schedule of Proposed Actions (SOPA) since December The SOPA is published and updated quarterly on the National Forests in Alabama website. IDT Meeting began in October 2011 to discuss the proposed modification to allow herbicides to manage woody vegetation by Kinder Morgan / Southern Natural Gas. Items discussed were site conditions, relevant issues and recommended mitigation / alternatives for the Environmental Analysis preparation. 3

4 A scoping notice was distributed via and hard copy mailings on February 10, 2012 for the Shoal Creek Ranger District. This notice was sent to recipients listed on the Shoal Creek NEPA mailing lists as well as adjacent landowners as identified by county records and by SNG records. A legal notice was published in the Anniston Star on February 14, 2012 for the Shoal Creek Ranger District. The environmental assessment was prepared and made available to the public through the National Forests in Alabama Schedule of Proposed Actions (SOPA) website. Public notice of this posting was mailed to the districts interested parties list and a legal notice was posted in the paper of record (Anniston Star) on September 26, 2012 initiating the 30-day comment period. Several individuals and one group responded during the comment period and the comments are addressed in Appendix C of the EA. Findings Required by Other Laws and Regulations NFMA Significance - This action is consistent with the National Forests in Alabama Revised Land and Resource Management Plan (2004) as required by the National Forest Management Act (NFMA) 1976, 16 USC 1604(1). It is consistent with the Forest Goals and Objectives listed in the purpose and need for the project. The project was designed to conform to land and resource management plan standards and incorporates them in the implementation. The actions of this project which alter vegetation, comply with the seven requirements of 36 CFR (b) by following the forest-wide standards and the management area standards listed in chapter II and III of the Forest Plan. Finding of No Significant Impact (FONSI) After considering the environmental effects described in the Environmental Assessment, I have determined that the actions associated with Alternative 2 (Proposed Action) are not a major federal action, individually or cumulatively, and will not significantly effect on the quality of the human environment, considering the context and intensity of impacts (40 CFR ). Thus, an environmental impact statement will not be prepared. I base my finding on the following: Context: This action is limited in scope and duration. Intensity: 1. Both beneficial and adverse effects have been considered. Impacts associated with the project are discussed in Chapter 3 of the EA. These impacts are within the range of those identified in the Forest Plan. The finding of no significant environmental effects is not based on the beneficial effects of the action. 2. The selected alternative will not result in significant effects on public health and safety, and implementation will be in accordance with project design features (EA, Chapter 2). 3. There will be no significant effects on unique characteristics of the geographic area such as park lands, historical and cultural resources, prime farmlands, wetlands, floodplains, wild and scenic rivers, or ecologically critical areas. (EA, Chapter 3). 4

5 4. The effects on the quality of the human environment are not likely to be highly controversial because there is no known scientific controversy over the impacts of the project. (EA, Chapter 3) 5. We have considerable experience with the types of activities to be implemented. The effects analysis shows the effects are not uncertain, and do not involve unique or unknown risk (EA Chapter 3). 6. The action is not likely to establish a precedent for future actions with significant effects, because they do not represent a decision in principle about future proposals. 7. The cumulative impacts are not significant. The EA includes connected, cumulative, and similar actions within the scope of the analysis. The cumulative effects of past, present and reasonably foreseeable actions are considered and disclosed in the EA, Chapter The action will have no significant adverse effect on districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places, and will also not cause loss or destruction of significant scientific, cultural, or historical resources. This finding has been concurred by the Alabama Historical Commission. (EA, Chapter 3 and S.106 Correspondence SHPO). 9. Implementing this decision will not adversely affect threatened or endangered species, or result in the loss of any other species viability, or create significant trends toward federal listing of the species under the Endangered Species Act. (EA Chapter 3 and Biological Evaluation). 10. The action will not violate Federal, State, and local laws or requirements for the protection of the environment. Applicable laws and regulations were considered in the EA. The action is consistent with the National Forests in Alabama Land and Resource Management Plan (EA, Chapter 1). 11. My conclusion is based on a review of the record that shows a thorough review of relevant scientific information, a consideration of responsible opposing views, and the acknowledgment of incomplete or unavailable information, scientific uncertainty, and risk. Administrative Review/Appeal Opportunities Pursuant to 36 CFR , this decision is subject to appeal. Individuals and organizations who have submitted written or oral comments during the 30-day comment period may file an appeal in accordance with 36 CR Written appeals, including any attachments, must be filed with the Appeal Deciding Officer within 45 days following the publication date of the legal notice of the decision in the newspaper of record ( 215.7). It is the responsibility of appellants to ensure that their appeal is received in a timely manner. Appeals must be filed with the Regional Forester for the Southern Region at: USDA Forest Service Attn: Appeal Reviewing Officer 1720 Peachtree Road, NW, Suite 811N Atlanta, GA

6 Appeals may also be faxed to (404) or mailed electronically in a common digital format to appeals-southern-regional-office@fs.fed.us. Hand-delivered appeals must be received within normal business hours of 7:30 a.m. to 4:00 p.m., Monday Friday, closed on federal holidays. Implementation Date If no appeal is filed within the 45-day time period, implementation of the decision may begin on, but not before, the 5th business day following the close of the appeal-filing period ( ). Contact For further information on this decision contact Daniel Wagner, National Forests in Alabama, Talladega Ranger District, 1001 North Street (Highway 21), Talladega, AL 35160, (256) or dswagner@fs.fed.us /s/steve M. Lohr March 13, 2013 STEVEN M. LOHR Date Forest Supervisor The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC or call (202) (voice and TDD). USDA is an equal opportunity provider and employer. 6