DECISION MEMO. Verizon Spring Creek Hill Cell Tower

Transcription

1 DECISION MEMO Verizon Spring Creek Hill Cell Tower Fremont-Winema National Forests Chiloquin Ranger District Klamath County, OR PROPOSED ACTION: Verizon, through Cascadia P.M., L.L.C., has submitted an application to construct, operate, and maintain a wireless communication facility on Spring Creek Hill north of Chiloquin, OR. Proposed facilities would include: One 180 tall self-supporting tower with panel antennas and microwave dishes. One 12 by 26 prefabricated equipment building for wireless equipment and a generator. One propane tank. One approximately 70 by 70 cleared, fenced and gated area Buried fiber optic connection from the antenna site to Hwy 97. Buried conventional power line from the antenna site to Hwy 97, under the highway, and across private and FS parcels to connect with available power on Forest Road Use of existing system roads. Verizon would need to have a technician visit the site at least once per month to maintain the equipment. Snow machines would be used for winter access if needed. The legal location of this project is T33S, R7E, WM Section 34, NE ¼ (tower site and line burial to highway) and Section 35, E ½ (continued powerline burial). SCOPING: Tribal scoping was initiated by providing project information and maps to the Klamath Tribes at the Winter 2006 Pre-SOPA meeting. Public scoping was started by placing the proposed project in the Summer 2006 Fremont-Winema Schedule of Proposed Actions. A public scoping letter and map was sent to the Chiloquin District project mailing list on June 22, Scoping information was provided to the Klamath Indian Game Commission in December Internal scoping was conducted with Forest interdisciplinary staff and specialists. The project was presented to the Chiloquin Community Action Team by District Ranger Rick Ragan on July 6, The District received four comments on the proposed cell tower project, from Pete Ribble, a landowner in the Spring Creek area; Oregon Wild; the Klamath Indian

2 Game Commission (KIGC); and the Chiloquin Community Action Team. The major concern from three respondents was the visibility of the tower and particularly the visual effects if a strobe light were to be included on the tower. KIGC indicated approval of the project. Comments and Forest Service responses may be found in the project record. Because of the concerns expressed by the community and other resource survey information, the original proposed tower location at the end of the 040 Spur Road near the rock outcrops above Highway 97 were found to be unacceptable. A new location was proposed for the tower about a quarter of a mile north of the first site, at the junction of the 040 and 044 Spurs adjacent to the PP&L 230 KV power transmission line. DECISION AND REASON FOR CATEGORICAL EXCLUSION: I have reviewed the interdisciplinary analysis and have decided to approve a Communications Use Lease for the Verizon Spring Creek Hill Cell Tower, subject to the stipulations below. The project will improve cellular phone reception and reliability in the area for residents, the recreating public, and for travelers on Highway 97. Other alternative sites were proposed and rejected in the analysis process due to resource concerns and to meet community visual quality concerns. I believe the tower in the second proposed site will be adequately screened by forest vegetation from most views, and will not be visually obtrusive on the landscape. The request for access and use is reasonable and within Forest Service guidelines and direction. The project is expected to be implemented later in This action falls within FSH Section 31.2, (3) Approval, modification, or continuation of minor special uses of National Forest System lands that require less than five contiguous acres of land. The following terms will be included in the permit: The tower and antennas shall be no taller than 180 feet. The tower, antenna panels, and service building shall be painted or constructed in neutral, non-reflective colors to blend in with the surrounding vegetation. Dull galvanized steel is acceptable as a neutral color. No strobe or other light shall be permitted on the tower, and no outdoor security light shall be permitted on the service building. Fiber optic line and powerline burial will generally be within existing road prisms. It is the responsibility of the applicants and/or their contractors to contact the Chiloquin District Road Manager prior to beginning line burial for road maintenance requirements.

3 It is the responsibility of the applicants and/or their contractors to contact the Chiloquin Zone Archeologist and arrange for cultural resource monitors prior to beginning work. Cultural resource monitors may be used as recommended by the Archeologist to protect known sites and to monitor construction activities. Incidental tree removal will follow the Process for removing incidental trees on National Forest System lands supplied in project documentation and attached to the permit. Slash, limbs, brush, and other fuels will be piled for burning. Slash piles will be burned by authorized Forest Service personnel. All heavy equipment used in this project (bulldozers, skidders, graders, backhoes, dump trucks, etc.) will be cleaned prior to entering National Forest System Lands to reduce the risk of invasive plant introduction. Inspect active gravel, fill, sand stockpiles, quarry sites, and borrow material for invasive plants before use and transport. Use only gravel, fill, sand, and rock that are judged to be weed free by District or Forest weed specialists, or treat infested sources before use of pit material. No extraordinary circumstances exist that might cause the action to have significant effects; therefore, the action is categorically excluded from documentation in an environmental assessment or an environmental impact statement. Based on the environmental analysis and past experience, the effects of implementing this action will be of limited context and intensity and will result in little or no effects to either the physical or biological components of the environment. FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS: This action is consistent with the management direction, including standards and guidelines, as outlined in the Winema Forest Land and Resource Management Plan as amended, and the Final Environmental Impact Statement documenting the analysis for the Plan. The project complies with Section 106 of the National Historic Preservation Act. Section 106 SHPO consultation was completed under Programmatic Agreement among the United States Department of Agriculture, Forest Service, Pacific Northwest Region (Region 6), The Advisory Council of Historic Preservation, and the Oregon State Historic Preservation Officer regarding Cultural Resources management on National Forests in the State of Oregon, revised June 2004 pursuant to Forest Archaeologist review and approval dated November 2, The Forest Archeologist certified on August 8, 2006 that, for this project, the Fremont-Winema Forest complies with Section 106 of the National Historic Preservation Act, under the terms of the 2004 Programmatic Agreement with the State Historic Preservation Office (SHPO) of Oregon. Clearance for the line burial portion of the project in Section 35 was obtained for a previous analysis on May 28, No significant

4 impact is expected on cultural resources. Cultural resource monitors will be used as needed to protect known sites and to monitor activities. No significant impact is expected on Proposed, Endangered, Threatened, or Sensitive (TES) species. There is habitat for the Pacific fisher (Proposed) near the proposed project site, but no documented observations of fisher in the area. The project will not remove habitat for the fisher, but may impact or displace individuals through noise disturbance, leading to a finding of May Impact Individuals or Habitat (MIIH). This will not likely contribute to a trend toward federal listing or a loss of viability to the population or species. A finding of MIIH was determined for several other species on the Sensitive, Northwest Forest Plan Species of Concern, Partners in Flight Focal Species, and Birds of Conservation Concern species list. The project will not remove habitat for these species, but may impact or displace individuals through noise disturbance. The project may impact the sensitive plant Astragalus peckii if the species is found in the project area. Given the small amount of ground disturbance proposed a finding of MIIH is determined for the species. All other TES plant species received a no effect or no impact finding. The project will have no effect on known sites of survey and manage species; no known sites exist in or near the project area. Pre-disturbance surveys required by protocol standards to comply with the 2001 Record of Decision and Standard and Guidelines for Amendments to the Survey and Manage, Protection Buffer, and other Mitigation Measure Standards and Guidelines (as the 2001 ROD was amended or modified as of March 21, 2004) are not required for the Spring Creek Hill Cell Tower project. There is no suitable habitat in the project area. There are no known sites of Category A, B, C, D, E, or F botany or wildlife species within the project area. Therefore the project complies with the provisions of the 2001 Record of Decision and Standard and Guidelines for Amendments to the Survey and Manage, Protection Buffer, and other Mitigation Measure Standards and Guidelines (as the 2001 ROD was amended or modified as of March 21, 2004). For the foregoing reasons, this project is in compliance with the 2001 ROD as stated in Point (3) on page 14 of the January 9, 2006, Court order in Northwest Ecosystem Alliance et al. v. Rey et al. No invasive species sites were located in the project area. Forest Plan invasive species standards (see permit stipulations above) will be followed to lessen the potential for invasive species spread. No significant impact is expected on parkland, floodplains, wetlands, prime farmlands, wild and scenic rivers or ecologically critical areas. This action will comply with requirements of the Clean Water Act. There are no anticipated significant impacts on consumers, minority groups, American Indians, women or civil rights. There are no anticipated significant impacts to Treaty and trust responsibilities with the Klamath Tribes.

5 There are no known significant indirect, cumulative, or unavoidable adverse effects on the environment. There is no threat to public health or safety. Implementation of this proposal meets the resource protection requirements of 36 CFR APPEAL OPPORTUNITIES/IMPLEMENTATION DATE: Pursuant to 36 CFR 215.4(a) this decision is not subject to requirements for Notice and Comment. This decision is not subject to appeal, pursuant to Forest Service regulations at 36 CFR (f). This decision may be implemented immediately. CONTACT PERSON: Questions regarding this decision should be directed to Catherine Callaghan, Lands Specialist, Fremont-Winema National Forests, Genevieve R. Masters May 17, 2007 Genevieve R. Masters DEPUTY DISTRICT RANGER RESPONSIBLE OFFICIAL Date

6 Process for removing incidental trees on National Forest System lands 1. All trees on National Forest land greater than 7 inches at DBH proposed for removal incidental to implementation of a permit, contract, or agreement will be flagged with pink and black stripped ribbon by the permittee or their agent. 2. All trees flagged for removal will be measured and painted with green paint by Forest Service personnel. 3. A volume and cost appraisal will be added to the Contract, Agreement or Permit and the permittee will be charged for the trees based on the Forest Service measurement. 4. If the contractor elects to remove the logs, the District Ranger will decide in what product form is best for removal (log length, firewood, etc). 5. If logs are transported in log length then all logs will need to be branded and painted and a load ticket will be attached to the load. 6. If contractor elects not to remove the logs then all logs will be decked in a secure location designated by the Forest Service for the Forest Service to dispose of at a later date. 7. Limbs, tops, brush, and other slash from clearing will be piled for burning in an opening. The opening may be designated by the Forest Service. Pile burning will remain the responsibility of the Forest Service. 8. Specific to the Verizon Spring Creek Hill Cell Tower project, logs may not be decked and slash may not be piled within the PP&L 230 KV Powerline easement.