The location of the valve site is displayed on a map in the project file.

Transcription

1 DECISION MEMO Special Use Permit # RAR Amendment #7 Hiawatha National Forest Rapid River Ranger District Delta County, Michigan I DECISION A. Description My decision is to issue an amendment to the Special Use Permit to Enbridge Energy, LTD (Enbridge) for the installation of an automated, remotely controlled valve actuator on an existing valve along their pipeline corridor on National Forest System land on the Rapid River Ranger District in T41N R19W Sec 14, the east side of FRD2226 (Cty Rd KK). The installation will consist of minor grading, installing an electric service, valve actuator, 8 x 9 control building, wooden pole for a radio antenna, and a chain link fence around the site. This decision will be implemented through the issuance of a Forest Service Special Use Permit Amendment that meets the requirements of the decision and Forest Service regulations and outlines the terms and conditions of use. The permittee is responsible for maintenance of permitted areas as instructed in the Special Use Permit. The location of the valve site is displayed on a map in the project file. The permitted area is located in Management Area 1.2 (Forest Plan, Chapter 2, pg 2-21 and Chapter 3, pg 3-5). The permit is consistent with direction for this Management Area. Inspections are performed pursuant to Forest Service Manual direction once every year, or more often if deemed necessary. B. Purpose of Decision The Enbridge pipeline carries crude oil and has crossed the Hiawatha National Forest since This project is to install an additional emergency shut-off valve in case of a drop in oil pressure and possibility of an oil leakage. This can be activated remotely from their main control center and minimize potential environmental damage. An analysis of environmental effects with this decision is required. II REASONS FOR CATEGORICALLY EXCLUDING THE DECISION Decisions may be categorically excluded from documentation in an environmental impact statement or environmental assessment when they are within one of the categories identified in 36 CFR Part and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. I have concluded that this decision may be categorically excluded from documentation in an environmental impact statement or environmental assessment, as it is a routine 1 of 5

2 activity within a category of exclusion and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. My conclusion is based on information presented in this document and the entirety of the record. A. Category of Exclusion The project is within the 36 CFR220.6 (e) (3) category of exclusion that includes the Approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land. The valve site will affect approximately.04 acres. B. Relationship to Extraordinary Circumstances 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: The Endangered Species Act requires that federal activities do not jeopardize the continued existence of any species federally listed or proposed as threatened or endangered, or result in adverse modification to such species designated critical habitat. Botanical surveys determined that there are no listed or proposed threatened or endangered plant species in the project decision area. There is no critical habitat for any listed or proposed plant or animal species within the decision area. The Forest database indicates that there are no bald eagle nests, no red-shouldered hawks (RFSS), no goshawks (RFSS), and no ospreys (State threatened) within the project area. No critical habitat for the Hines emerald dragonfly is found within the project area. Therefore, there will be no adverse effects to a listed threatened or endangered species or critical habitat. 2. Floodplains, Wetlands, or Municipal Watersheds: The existing site does not cross any floodplains, wetlands, or watersheds on the Hiawatha National Forest; 3. Congressionally Designated Areas, such as Wilderness, Wilderness Study Areas, Wild & Scenic River, or National Recreation Areas: The existing site does not cross any wilderness, wilderness study areas, Wild & Scenic River, or National Recreation Areas on the Hiawatha National Forest; therefore, there will be no adverse effects. 4. Inventoried Roadless Areas or Potential Wilderness Area: The project is not within an inventoried roadless area (RARE II or Forest Plan); There are no potential wilderness areas on the Hiawatha National Forest; therefore, there will be no adverse effects. 5. Research Natural Areas: The project does not cross Candidate or designated Research Natural Areas (RNA); 2 of 5

3 6. Native American Religious or Cultural Sites: The federal government has trust responsibilities to Tribes under a government-togovernment relationship to insure the Tribes reserved rights are protected. Consultation with tribes helps insure that these trust responsibilities are met. For example, local tribal government officials have provided input to forest management through the recent Forest Plan revisions. Should items of cultural value be discovered within the permit area, interested tribes will be informed and recommendations on actions to avoid or mitigate adverse effects will be sought from the tribes. These recommendations shall be taken into account in a decision on the subsequent course of work. There are no known American Indian religious or cultural sites within the project area; 7. Archaeological Sites, or Historic Properties or Areas: Section 106 of the National Historic Preservation Act requires federal agencies to take into account the effect of a project on any district, site, building, structure, or object that is included in, or eligible for inclusion in the National Register of Historic Places. Section 106 of the National Historic Preservation Act also requires federal agencies to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. The Archaeological Resources Protection Act covers the discovery and protection of historic properties (prehistoric and historic) that are excavated or discovered on National Forest System lands. The Native American Graves Protection and Repatriation Act covers the discovery and protection of Native American human remains and objects that are excavated or discovered on National Forest System lands. There will be no known archaeological sites of historic properties within the project area therefore; there will be adverse effect. In the event that items of archaeological or historical value, or Native American graves or funerary items are discovered in the future, work will stop pending compliance with 36 CFR (b)(3). III PUBLIC INVOLVEMENT A public scoping letter was sent on MaY 16, 2011 to 37 people. There were no comments on the project. IV FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS My decision will comply with all applicable laws and regulations. A summary of pertinent laws and regulations follows: Federal Land Policy and Management Act - This Act allows the granting of easements across National Forest System Lands. The regulations at 36 CFR 251 guide the issuance of permits, leases, and easements under this Act. Permits, leases, and easements are granted across National Forest System lands when the need for such is consistent with planned uses and Forest Service policy and regulations. This decision is consistent with this Act. 3 of 5

4 National Forest Management Act - This Act requires the development of long-range land and resource management plans (Forest Plans). The Hiawatha Forest Plan was approved in 2006 as required by this Act. The Act requires all projects and activities be consistent with the Forest Plan. The Forest Plan has been reviewed in consideration of this project. This decision is responsive to guiding direction contained in the Forest Plan, as summarized in Chapter 2, pg Endangered Species Act - See Section II, Item B1 of this document. Clean Water Act - This Act is intended to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Best Management Practices. This decision incorporates Best Management Practices to ensure protection of soil and water resources (Planning Record). Wetlands (Executive Order 11990) - See Section II, Item B2 of this document. Floodplains (Executive Order 11988) - See Section II, Item B2 of this document. National Historic Preservation Act - See Section II, Item B7 of this document. Archaeological Resources Protection Act - See Section II, Item B7 of this document. Native American Graves Protection and Repatriation Act - See Section II, Items B6 and B7 of this document Wild and Scenic Rivers Act - See Section II, Item B3 of this document. Federal Cave Resources Protection Act - Site features and field review substantiate that no caves are in the area. No known cave resources will be affected by this decision. Environmental Justice (Executive Order 12898) - This Order requires consideration of whether projects would disproportionately impact minority or low-income populations. This decision complies with this Act. National Environmental Policy Act - This Act requires public involvement and consideration of potential environmental effects. This document and the project record support compliance with the Act. V ADMINISTRATIVE REVIEW OR APPEAL Appeal by persons other than the permit holder - This decision is not subject to administrative review or appeal pursuant to 36 CFR 215. Appeal by the permit holder or applicants - This decision is subject to appeal pursuant to 36 CFR 251 by those who hold or, in certain instances, those who apply for written authorizations to occupy and use National Forest System lands. An appeal for initial review may be filed by those who hold or, in certain instances, those who apply for written authorizations to occupy and use National Forest System lands. To appeal this decision under 36 CFR 251, a written Notice of Appeal, meeting the content requirements at 36 CFR , must be postmarked or received within 45 calendar days after the date of notice of this decision to applicants and holders of written 4 of 5

5 authorization to occupy and use National Forest System land. However, when the 45- day filing period would end on a Saturday, Sunday, or Federal Holiday, the filing time is extended to the end of the next Federal working day. The Notice of Appeal must be sent to: USDA, Forest Service, Gaslight Building, Suite 700, 626 East Wisconsin Avenue, Milwaukee, WI , ATTN: Acting Regional Forester, Logan Lee. The Notice of Appeal may alternatively be faxed to: USDA, Forest Service, (414) , Region 9, ATTN: Acting Regional Forester, Logan Lee. A copy of the appeal must simultaneously be sent to the Forest Supervisor, Jo Reyer, Hiawatha National Forest, 2727 N. Lincoln Rd, Escanaba, MI If an appeal is filed, I am willing to meet and discuss concerns. Additionally, if an appeal is filed, an oral presentation concerning the appeal (36 CFR ) and/or stay of implementation (36 CFR ) of the decision may be requested at any time prior to closing the appeal record. VI IMPLEMENTATION DATE This decision may be implemented immediately. VII CONTACT PERSON Further information about this decision can be obtained from Sue Alexander, Realty Specialist at the Hiawatha National Forest, 2727 N. Lincoln Rd, Escanaba, MI Phone (906) , fax (906) VIII SIGNATURE AND DATE Jo Reyer 7/1/2011 JO REYER 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, 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, DC , or call (800) (voice) or (202) (TDD). USDA is an equal opportunity provider and employer." 5 of 5