BACKGROUND AND PROJECT DESCRIPTION PURPOSE AND NEED

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1 PRELIMINARY DECISION MEMO CHARTER COMMUNICATION S FIBER OPTIC INTERCONNECT PROJECT U.S. FOREST SERVICE ROGUE RIVER-SISKIYOU NATIONAL FOREST WILD RIVERS RANGER DISTRICT JOSEPHINE COUNTY, OR BACKGROUND AND PROJECT DESCRIPTION All uses on National Forest lands, improvements and resources, except those authorized by regulations governing roads (36 CFR 212), grazing (36 CFR 222), timber and special forest products (36 CFR 223), and minerals (36 CFR 228) are designated special uses that are authorized pursuant to 36 CFR 251. Individuals or entities must submit a proposal to the authorized officer and must obtain a special use authorization from the authorized officer, unless waived pursuant to the regulations at (c)-(e). The Rogue River and Siskiyou National Forests have provided special use permits to authorized activities since the Forests were reserved from the public domain. These special use authorizations provide private individuals and other government agencies valuable benefits, so long as these authorizations meet the Forests goals and objectives. All special use permits are issued for a term of years to ensure that uses of Forest lands are appropriate and to provide updated terms and conditions on these special uses. These updated terms and conditions will ensure that special uses do not cause unnecessary or undue degradation of Forest resources and balance the public benefits against the applicant s need for a particular use of National Forest lands. Charter has requested approval from the Rogue River-Siskiyou National Forest to build approximately 3.6 miles of an 104-mile aerial fiber optic interconnect line between Grants Pass, Oregon and Crescent City, California on the Rogue River-Siskiyou National Forest (see figure 1). This Decision Memo is being prepared to authorize construction of the portion of that line that will be located on the Forest. The fiber optic line will be built within an existing Pacific Power and Light (PP&L) easement (see figure 2). This portion of the project begins at the forest boundary approximately 9 miles south/southwest of Cave Junction, Oregon in the community of O Brien, Oregon. The line follows the West Fork of the Illinois River and travels in a southwesterly direction, crossing two small portions of Bureau of Land Management (BLM) property before terminating at the Oregon/California border. The legal description is sections 27 and 34, Township 40 South, Range 9 West, and sections 4, 8, and 17, Township 41 South, Range 9 West, of the Willamette Meridian. PURPOSE AND NEED The purpose of this project is to authorize construction of 3.6 miles of a fiber interconnect on the Rogue River-Siskiyou National Forest. The need for this project is to provide telecommunications redundancy to rural communities in northern California and southern Oregon that will increase the reliability of telemedicine and educational and public safety networks. Page 1 of 13

2 DECISION As the Responsible Official for the Wild Rivers Ranger District of the Rogue River-Siskiyou National Forest, I have decided to authorize Charter Communication s Fiber Optic Interconnect Project. Charter Communication (Charter) may construct approximately 3.6 miles of an aerial fiber optic line on the Rogue River-Siskiyou National Forest within the existing PP&L utility corridor (see figure 2). Charter is granted a 20-foot-wide easement to construct the aerial fiber interconnect within the outer western edge of the existing right-of-way. The wood poles for the project will be offset approximately 47 feet from the existing PP&L utility poles. Poles will be 35- to 45-feet tall. See figures 3, 4, and 5. Existing access roads will be used to access the pole sites. No new roads will be constructed for this project. In some cases, existing dirt berms may need to be removed to allow equipment and vehicle access (see figure 6). Once construction is complete in an area, any berm that was removed for construction access will be restored. The staging area for this portion of the project will be located at the Rough and Ready Mill in Cave Junction, Oregon. No materials will be stored on the right-of-way overnight; all materials will be brought onsite on a daily basis. The work area around each pole site is expected to be approximately a 20-foot radius. Vegetation clearing will likely only be needed in the area where the pole will be set. However, additional vegetation clearing may be necessary to allow equipment access. An auger will be used to dig a hole approximately 6 feet deep; the diameters of the holes are not expected to exceed 2 feet. Poles will be placed in the excavated hole and the area around the pole will be backfilled with native material. If rock is encountered, a jack hammer may be used to excavate the hole. Guy wire anchors will be required at a majority of the pole locations (14 poles require anchors on National Forest land); anchors will be installed with the auger or jack hammer, depending on substrate. Charter anticipates that it will take approximately 4 hours to set a pole and may complete 2 to 4 poles per day depending on conditions. Spans between poles will range between approximately 200 and 1,500 feet. The fiber optic line will be shot from pole to pole using a gun powder-charged system (4570 caliber rifle) that will shoot the line cross country up to 1,000 feet depending on the size of the charge. Several shots may be required depending on the length of the span. In these cases, the person conducting this work will walk to the end location of the previous shot and continue shooting the line until it reaches the pole location. Tensioning of the line will be done at each pole location. Vehicles or equipment will not be required between spans for this operation. The following is a list of the equipment necessary to install the fiber optic line in this area: T40 bucket truck (F700 class truck) 2 Digger derrick (s), rubber tired and/or tracked drill trucks 2-yard dump truck 2 crew pickups (3/4 ton size) Small case track hoe 4-wheel quad type vehicle Air compressor and jack hammer 4570 caliber rifle Page 2 of 13

3 Mitigation Measures 1. Unused spoils not used for backfill or that cannot be spread at the pole site will be removed for off-site disposal. Disturbed areas will be recontoured and stabilized as needed to prevent erosion. Erosion and sediment control devices needed to prevent sediment from leaving the work area will be left in place until stabilization has been established. As noted above, any existing road berms will be restored after construction is complete in the area. 2. Servicing and refueling of equipment will not occur near any drainage and will follow National Best Management Practices for Water Quality Management on National Forest System Lands Volume 1: National Core BMP Technical Guide (USDA Forest Service 2012). 3. Three proposed pole locations (349, 449, and 649) have Howell s jewel-flower (Streptanthus howellii) individuals around or near the stakes for the poles and guide wires and along the access routes (see figure 7). For the 3 proposed pole locations and access routes: a. Proposed pole locations will be moved to the alternate pole locations that have been identified and flagged to prevent impacts to existing individuals. b. There are Streptanthus howellii individuals all along the access roads leading to poles 349, 449, and 649 and areas around the stakes. Implementation will occur when the plants have no above ground structures. Implementation will be prohibited from June 1 st through September 1 st. 4. Four proposed poles locations (245, 246, 346, and 446) have Howell s mariposa lily (Calochortus howellii) individuals around or near the stakes for the poles and guide wires including the access roads (see figure 8). For the 4 proposed pole locations and access routes: a. Proposed pole locations will be moved to the alternate pole locations that have been identified and flagged to prevent impacts to existing individuals. b. There are Calochortus howellii individuals all along the access roads leading to poles 245, 246, 346, and 446 and areas around the stakes. Implementation will occur when the plants have no above ground structures. Implementation will be prohibited from June 1 st through September 1 st. 5. If any threatened or endangered plant species or Forest Service sensitive plant, lichen, or fungi species are found prior to or during implementation there will be an amendment to the botanical biological evaluation (BE) for this project and additional mitigation measures may be applied. 6. Machinery, vehicles, tools, and all other equipment are required to be free of any soil, plants seeds, and plant materials. Machinery, vehicles, tools, and all other equipment will be pressure washed and cleaned each time before entering Forest Service lands and the proposed project area. a. Equipment will include any non-motorized and motorized equipment or vehicles. This includes picks, hammers, shovels, dozers, excavators, trucks, cars, ATVs, etc. b. Cleaning will be necessary each time all equipment enter National Forest System lands. 7. All gravel, fill, or other materials are required to be weed-free. 8. The prosed project area will be monitored by the Wild Rivers Ranger District Botany Department periodically for invasive plants. 9. Any invasive plants found in the project area will be documented and the Wild Rivers Ranger District Botanist will be notified of the infestation location. 10. Any invasive plant infestations will be treated and/or avoided. Page 3 of 13

4 REASONS FOR CATEGORICAL EXCLUSION FROM DOCUMENTATION This action is categorically excluded (category 3) from documentation in an environmental impact statement or an environmental assessment because the project consists of an approval, modification, or continuation of minor special uses on NFS lands that require less than 5 contiguous acres.... (36 CFR 220.6(e)(3). Due to the nature of the actions under this decision, it is at my discretion as the Responsible Official, that a project or case file and a Decision Memo have been prepared to disclose the level of analysis and potential impacts to the environment. It is my decision to authorize this action, based on site evaluation and the knowledge of the resource specialists. This action will have no adverse effects on water, wildlife, fish, visual, botanical or cultural resources. Mitigation measures have been designed to protect these resources. Categorical exclusion is appropriate because there are no extraordinary circumstances which may affect the environment. My decision is based on the limited context and intensity of this project; implementation will result in little or no adverse environmental effect to the physical, biological, or social components of the environment. Specifically: 1) Federally-listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species There will be no effect to any federally listed threatened or endangered species or designated critical habitat, or species proposed for Federal listing or proposed critical habitat. The project may affect individuals, but is not likely to result in a trend toward Federal listing or loss of viability for the Forest Service sensitive species: Howell s jewel-flower (Streptanthus howellii) and Howell s mariposa-lily (Calochortus howellii). There will be no impact to other Forest Service sensitive species (K2 Environmental 2012; Osbrack 2012). 2) Flood plains, wetlands, or municipal watersheds The project will not affect any floodplains, wetlands, or municipal watersheds (USDA Forest Service 2012). 3) Congressionally-designated areas, such as wilderness, wilderness study areas, or national recreation areas The project area is not located within any congressionally designated areas. 4) Inventoried roadless areas or potential wilderness areas The project area is not located within an inventoried roadless area or potential wilderness area. 5) Research natural areas The project is not located within a research natural area. 6) American Indian and Alaska Native religious or cultural sites The undertaking meets the criteria listed in Appendix B of the 2004 Programmatic Agreement among the U.S. Forest Service Region 6, Advisory Council on Historic Preservation (ACHP), and the State Historic Preservation Office (SHPO). 7) Archaeological sites, or historic properties or areas The undertaking meets the criteria listed in Appendix B of the 2004 Programmatic Agreement. CONSISTENCY FINDINGS I find that Charter Communication s Fiber Optic Interconnect Project is consistent with the direction provided by the 1989 Siskiyou National Forest Land and Resource Management Plan as amended by the 1994 Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents within the Range of the Northern Spotted Owl. The standards and guidelines of the Siskiyou Forest Plan apply where they are more restrictive or provide greater benefits to late-successional forestrelated species than do those identified in the Northwest Forest Plan. Page 4 of 13

5 The project was designed in conformance with forest plan decisions for lands. Forest-wide standards and guidelines state that the utilization of residual capacity in existing special use permit corridors and designated Utility Corridors shall be given the first priority for right-of-way requests by utilities. Wherever practicable, locate small utilities in other corridors or roadways... (USDA Forest Service 1989, page IV-53). This project is located in the following management areas: Botanical (Management Area 4) and Riparian (Management Area 11). This project is compliant with specific management prescriptions for Botanical Areas (MA-4) that states, [n]ew facilities... may be built if they do not detrimentally affect endangered, threatened, and sensitive plant species or their habitat (USDA Forest Service 1989, page IV-89). This project is also compliant with specific management prescriptions for Riparian Reserves that states, [a]djust leases, permits, rights-of-way, and easements to eliminate adverse effects that retard or prevent the attainment of Aquatic Conservation Strategy objectives... (USDA Forest Service and USDI Bureau of Land Management, page C-37). This special use permit has been reviewed for resource conflicts and none were present or those identified were mitigated by avoidance strategies identified in the above section entitled mitigation measures. Therefore, an analysis of benefits to the public and the applicant determined that this authorization is in compliance with current planning guidance. This action is consistent with Federal, State, and local laws related to the protection of the environment. In addition, this action has been analyzed and designed under other laws, regulations and agreements applicable to the management of National Forest System lands and resources. I find this decision to be consistent with the procedural requirements of the National Environmental Policy Act of 1969 (NEPA), including the Council on Environmental Quality regulations for implementing NEPA (40 CFR , July 1, 1986). This action is also consistent with the substantive requirements of the Multiple-use Sustained Yield Act of 1960 and the Forest and Rangeland Renewable Resources Planning Act of 1974 as amended by the National Forest Management Act of I also find this project is in compliance with the Endangered Species Act 1973, as amended, and the Historic Preservation Act. IMPLEMENTATION DATE Charter Communication s Fiber Optic Interconnect Project will not take place prior to 50 days following the publication of a legal notice announcing this decision in the Grants Pass Daily Courier. If appeals are filed, construction may begin on, but not before, the 15 th business day following the date of the last appeal disposition. ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES In light of a recent court ruling (Sequoia ForestKeeper v. Tidwell, 11-cv LJO-DLB (E.D. Cal.)), the Forest Service is providing public notice, comment, and opportunity for administrative appeal for projects and activities documented with a Decision Memo (36 CFR 220.6(e)) until new instructions are issued by the Washington Office, or the Agency issues regulations addressing the Court s ruling. Only those who provide comment or express interest in this proposal during this comment period will be eligible to appeal the decision pursuant to 36 CFR part 215 regulations. Page 5 of 13

6 CONTACT Additional information regarding this decision may be obtained at the Rogue River-Siskiyou National Forest Supervisor s Office, 3040 Biddle Road, Medford OR Please contact Gary Einck (Realty Specialist), telephone: (541) , geinck@fs.fed.us. ROY BERGSTROM District Ranger Date Page 6 of 13

7 REFERENCES K2 Environmental LLC Wildlife assessment, O Brien to Oregon/California Border Fiber Optic Project on the Rogue River Siskiyou National Forest. Osbrack, S Charter Communication s Fiber Optic Interconnect Project Biological Evaluation for Threatened, Endangered, and Sensitive Plants, Lichen, and Fungi and Invasive Plant Risk Analysis. USDA Forest Service, Rogue River-Siskiyou National Forest, Grants Pass, Oregon. United States Department of Agriculture, Forest Service Siskiyou National Forest Land and Resource Management Plan. USDA Forest Service, Pacific Northwest Region, Siskiyou National Forest, Grants Pass, Oregon. Available online at: United States Department of Agriculture, Forest Service National Best Management Practices for Water Quality Management on National Forest System Lands Volume 1: National Core BMP - Technical Guide. FS-990a. Available online at: United States Department of Agriculture, Forest Service, and United States Department of the Interior, Bureau of Land Management Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl. USDA Forest Service, Pacific Northwest Region, Portland, Oregon. Available online at: The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual s income is derived from any public assistance program. (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 to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C , or call (800) (voice) or (202) (TDD). USDA is an equal opportunity provider and employer. Page 7 of 13

8 Figure 1. Forest map Page 8 of 13

9 Figure 2. Charter Communication s fiber optic interconnect route Page 9 of 13

10 Figure 3. Looking south from pole location 1/45 (beginning of USFS portion) Figure 4. Looking south from pole location 7/46 Page 10 of 13

11 Figure 5. Looking south from pole location 6/49 to end of USFS portion of line Figure 6. Typical road berm to be removed from access road Page 11 of 13

12 Figure 7. Howell s jewel-flower (Streptanthus howellii) locations Page 12 of 13

13 Figure 8. Howell s mariposa-lily (Calochortus howellii) locations Page 13 of 13