DECISION MEMO ISSUE AN AMENDMENT TO AN EXISTING SPECIAL USE PERMIT

Transcription

1 DECISION MEMO ISSUE AN AMENDMENT TO AN EXISTING SPECIAL USE PERMIT HIGH WEST ENERGY, INC. For A Single-Phase (2-Wire), Overhead Power Line US FOREST SERVICE Arapaho & Roosevelt National Forests and Pawnee National Grassland Weld County, Colorado July 2012 I. Description of the Decision My decision is to amend an existing special use permit held by High West Energy, Inc. (High West) to authorize construction and day-to-day operation and maintenance of a single-phase (2- wire), overhead 7.2kv electrical power distribution line and its associated 10-foot right-of-way (ROW) across the Pawnee National Grassland (PNG), Weld County, Colorado in: T. 9 N., R. 64 W., 6 th P.M. sec. 23, S2S2; sec. 24, SWSW. A map (Exhibit A) is attached to and made a part of my decision. Total length of the power line route across National Forest System (NFS) lands will be approx. 5,800 feet or 1.10 miles. The total ground area disturbed during installation of the overhead power line will be less than 0.1 acre. The amendment will modify the existing special use permit and will authorize the non-exclusive use of 1.33 acres for the ROW, as well as the temporary use of adjacent NFS lands up to 20-feet on either side of the power line route (for vehicle access, materials storage, etc. during the construction phase only) until December 31, 2013, when the term of the existing permit will expire. This decision will be implemented by issuing Amendment No. 6 to the existing special use permit (Authorization ID PAW5) currently held by High West. This amendment will be issued under the authority of the Federal Land Policy and Management Act of 1976 (FLPMA). Pursuant to my decision, I have determined that High West qualifies for an annual rental fee exemption in accordance with 43 United States Code, Part 1764(g):... Rights-of-way shall be granted, issued, or renewed, without rental fees, for electric or telephone facilities eligible for financing pursuant to the Rural Electrification Act of 1936, as amended [7 U.S.C. 901 et seq.], determined without regard to any application requirement under that Act, or any extensions from such facilities... To reduce the effects to mountain plovers, project activities shall not occur on National Forest System (NFS) lands during the breeding and nesting season of April 10 July 10 unless a qualified Forest Service wildlife biologist has confirmed there are no nesting birds in the area. 1

2 An Operating Plan shall be made a part of the authorization and shall include mitigation for any concerns and/or issues raised that are not covered in the permit clauses. II. III. Purpose of the Decision This decision is made in response to a request made by High West to the Forest Service to install the overhead power line across the Pawnee National Grassland to provide electrical power to an electric pump for a water well owned by the Forest Service and operated by the Crow Valley Grazing Assn. under grazing permit on NFS lands to provide drinking water for livestock. Approval of this authorization will be consistent with actions recommended in the Allotment Management Plan. Public Involvement & Scoping Due to the low risk to potentially affected resources expected from this project, the existence of similar facilities already within the project area and the expected benefits to grazing and vegetation management to the affected grazing allotment, a limited amount of public scoping was done: A legal notice was published in the Denver Post on May 3, A draft Decision Memo was sent to interested parties and potentially affected parties for a 30-day review and a comment period. No comments were received on this project. In addition, the project was reviewed by a Forest Service inter-disciplinary team (IDT) that included various resource specialists. I have considered the IDT responses and have included its recommendations where necessary. IV. Land & Resource Management Plan (LRMP) Direction The National Forest Management Act of 1976 (NFMA) directs the Forest Service to manage National Forests and National Grasslands under the guidance of a Land & Resource Management Plan. LRMP direction for the Pawnee National Grassland is found in the 1997 Revision to the Land and Resource Management Plan for the Arapaho and Roosevelt National Forests and Pawnee National Grassland (Forest Plan). Applicable Geographic Area (GA) Direction: Pawnee National Grassland GA (Forest Plan, pp ). Applicable Management Area Direction: 6.6 Mid-Composition-Low Structure; Grassland Resource Production (Forest Plan, p. 379) Key Forest Plan Direction Applicable to my Decision: Forest Plan Standard 168: Require burial of electrical utility lines of 33 kilovolts or less and telephone lines unless one or more of the following applies: a. Scenic integrity objective of the area can be met using an overhead line. b. Burial is not feasible due to geological hazard or unfavorable geologic conditions. c. Greater long-term site disturbance would result. d. It is not technically feasible. 2

3 I have determined that the scenic integrity objective of the area can be met using an overhead line as there are already overhead power lines in the project area on both Federal and non- Federal lands. Thus, little if any change to the area s scenic integrity will be made. The activities authorized by my decision will be consistent with all applicable Forest Plan direction. V. Reasons for Categorically Excluding the Decision The actions associated with this decision meet the requirements described in 36 CFR 220.6(e)(3): Approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land. Use of this Categorical Exclusion requires a Planning Record and Decision Memo for documentation. VI. Relationship to Extraordinary Circumstances This section addresses the relationship of the decision to possible extraordinary circumstances as identified in 36 CFR 220.6(b). There are no conditions that would constitute an extraordinary circumstance related to the decision. This conclusion is based on an IDT review of the project, knowledge of similar past projects and professional judgment. Federally-Listed or Proposed Threatened & Endangered Species or Forest Service Sensitive Species The Endangered Species Act of 1970 (ESA) requires that federal activities do not jeopardize the continued existence of any species that has been federally-listed or proposed for listing as threatened or endangered. In addition, such activities may not result in adverse modification to such species designated critical habitat. In accordance with Section 7(c) of the ESA, the US Fish and Wildlife Service s Colorado Field Office list of threatened, endangered and proposed species for the PNG dated July 2010 was used to determine the potential for effects to listed and proposed species. Analyses of the potential effects resulting from this decision were conducted by the PNG wildlife biologist and PNG botany specialist. After review of their analyses, I have determined that: 1. The activities associated with this decision will have no effect on all federally listed and proposed threatened and endangered species. 2. To avoid effects to mountain plovers, project activities shall not occur on NFS lands during the breeding and nesting season of April 10 July 10 unless a qualified wildlife biologist has confirmed there are no nesting birds in the area. Therefore, the activities associated with this decision will not contribute to a loss of viability of any plant or animal species, nor will they cause a trend towards listing under ESA for any Forest Service sensitive species. Flood Plains and Wetlands There are no flood plains or wetlands within the project area; therefore, activities associated with this decision will comply with direction set forth in Executive Order (EO) and EO for these types of areas. Municipal Watersheds Activities and facilities allowed by this decision will not be located within any designated municipal watershed and will have a negligible effect on any public water supply. Congressionally-Designated Areas such as Wilderness, Wilderness Study Areas, Wild and Scenic River, Nat l Rec. Areas, etc. The facilities authorized under this decision will not be located in or near any congressionally-designated areas of this type nor will they be within or near an area proposed for such listing and thus will have no effect on such areas. 3

4 Inventoried Roadless Areas Activities and facilities allowed by this decision will be located within the boundary of the PNG, which has no Inventoried Roadless Areas. Research Natural Areas Activities and facilities allowed by this decision will not be located within or adjacent to a Research Natural Area and thus will have no effect upon this type of area. Native American Cultural Sites and Archaeological Sites or Historic Properties or Areas My decision is an undertaking as defined in 36 CFR (y). A cultural resource inventory was conducted by a qualified Forest Service archaeologist in accordance with Forest Service regulations, policies and all applicable State and Federal laws. Within the Area of Potential Effects, one post-settlement era site (a garbage dump) was identified that might be impacted by the project. Because the site crosses onto private land and no permission was given by the private land owner to record and evaluate that part of the site, the site was determined to need more data to evaluate its eligibility for listing on the National Register of Historic Places (NRHP). Therefore, the entire site will be treated as eligible for listing. One power pole will be placed within this site boundary. To evaluate the risks to unseen historic properties that might exist below the ground surface, a Forest Service archaeologist will be present when the pole is installed. Should any historic properties be discovered while this pole is installed, construction will stop immediately until the Forest Service completes appropriate consultation with the State Historic Preservation Officer. After consulting with the Colorado State Historic Preservation Officer and interested Tribes upon the above information, I have determined that, within the Area of Potential Effect for this project, no archaeological sites or areas or historic properties that are eligible or potentially eligible for listing on the National Register of Historic Places will be adversely affected. Further, no Native American Cultural Sites will be affected. The Forest Service has no further obligation under Section 106 of the National Historic Preservation Act unless or until a change or modification to the authorized uses and facilities occurs or is requested. VII. Findings Required by and/or Related to Other Laws and Regulations My decision will comply with all applicable laws and regulations. I have summarized some pertinent ones below. Parentheses in each subsection heading contain the policy document, law or regulation citation, where needed. Federal Land Policy and Management Act of 1976: The regulations found in 36 CFR 251 guide the issuance of permits, leases, and easements under this Act. Permits, leases and easements are granted across NFS lands when the need for such is consistent with planned uses and Forest Service regulation and policy. Authority for this type of decision is granted by the Federal Land Policy and Management Act. Water Quality (Clean Water Act of 1977; EO 12088) Section 313 of the Clean Water Act of 1977 (CWA) requires federal agencies to comply with all federal, state, interstate and local requirements, administrative authority and process and sanctions with respect to the control and abatement of water pollution. EO also requires the Forest Service to meet the requirements of the CWA. Activities associated with this decision will comply with the CWA and Colorado State Water Quality Control Commission 4

5 standards. This decision will incorporate reasonable soil and water conservation practices, avoid channel degradation, and comply with the Forest Plan. Air Quality Air quality within the project area is within National Ambient Air Quality Standards. The State of Colorado has an Environmental Protection Agency (EPA) designated non-attainment area for ozone located on a portion of the PNG; however this project is not within that area. In addition, emissions within the project area from this activity are expected to be well below any State or Federal emission standards and will not pose a threat to Class 1 or 2 airsheds, wildlife, vegetation or human populations. Effects of Decision on Social Groups (EO 12898) There will be no effect on minorities, Native Americans, women, or the civil liberties of any other American citizen by implementing this decision. Effects of Decision on Prime Lands (Departmental Regulation ) Actions resulting from this decision will comply with federal regulations for prime lands. PNG does not contain any designated prime lands. This decision, therefore, will comply with the Secretary of Agriculture s Memo 1827 on the management of designated prime lands. In addition, federal lands will be managed with the appropriate consideration to the effects on adjacent lands. Energy Requirements and Conservation Potential of Actions Connected With Decision The energy required to implement this decision, in terms of petroleum products, will be insignificant when viewed in light of the production costs and effects of the national and worldwide petroleum reserves. Environmental Justice (EO 12898) No minority or low-income populations are expected to be disproportionately impacted by the implementation of this decision. Any changes in access to the authorized facilities will affect all persons who visit the area equally. Invasive Species (EO 13112) Land actions that disturb the ground have the potential to contribute to the spread of noxious weeds and other non-native plants. Because there are some new ground disturbing activities this may be a vector for introducing and spreading noxious weeds. Noxious weed prevention and management will be required in the special use permit. Forest Plan Consistency (National Forest Management Act of 1976) The National Forest Management Act of 1976 (NFMA) requires the development of long-range land and resource management plans. The 1997 Revision of the Land & Resource Management Plan for the Arapaho & Roosevelt National Forests and Pawnee National Grassland (Forest Plan) was prepared as required by the NFMA. The Forest Plan provides guidance for all natural resource activities on PNG. NFMA requires that all projects and activities be consistent with the Forest Plan. The IDT has reviewed the Forest Plan and has determined that this decision is consistent with the direction set forth therein. VIII. Administrative Review or Appeal As no comments were received on this project, this decision is not subject to a higher level of administrative review or appeal described in 36 CFR (f). 5

6 IX. Timeline All construction activity connected with and pursuant to this decision may be implemented after July 10 or before April 10 of the construction year. The permit allows full operation and maintenance of the overhead power line for 365 days/year throughout the term of the permit. X. Contact Person Further information about this decision can be obtained from Vern Koehler, Minerals and Lands Program Manager for PNG at (970) or by at XI. Signature and Date I have determined that all analyses conducted pursuant to this decision to issue an amendment to a special use permit, the Planning Record thus prepared, and this Decision Memo fully meet the requirements set forth in the National Environmental Policy Act, the Forest Plan and applicable Forest Service policy and regulations. Approved by: /S/ RON J. ARCHULETA (for) 7/10/2012 GLENN P. CASAMASSA Date Forest Supervisor Arapaho & Roosevelt NFs and Pawnee NG The US 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

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