DECISION MEMO Besson Special Use Permit Ottawa National Forest

Transcription

1 I DECISION DECISION MEMO Besson Special Use Permit Ottawa National Forest T49N R37W Section 19, 30 Houghton County; T49N R38W Sections 24,25 Ontonagon County Forest Roads 1157, 1157-G, and spur road in the NWSE Section 25. The Responsible Official for the Besson special use permit is Susanne Adams, Bergland and Ontonagon District Ranger. A. Description It is my decision to issue a FLPMA (Forest Land Policy Management Act) Forest Road (FR) Special Use permit to Glen Besson to access his private land across National Forest property. The selected action is to allow use of a total of approximately 2.38 miles or 3.46 acres of National Forest travelway for access to private property owned by the aforementioned party. This decision will be implemented through the issuance of Forest Road Special Use permit that meets the requirements of the decision, Forest Service regulations, and outlines the terms and conditions of use. Mr. Besson owns the 40 acre parcel in the NESE of section 25 along with Eugene Cogswell, and Besson owns the 40 acres in the SESE section 25 jointly with Dave Aho. With Mr. Besson acting as the agent, a Road Association has been formed (the Kakola Road Association) by these three private landowners under one permit. The actions of these individuals known under the Road Association are not connected in any way nor are they cummulative in nature. The permit project file will contain a signed copy of their association bylaws with the private party s names listed therein. The permittee(s) is responsible for maintenance of permitted roads as instructed in Exhibit B - Operation and Maintenance Plan of his permit, including any lead-off drainage, ditching, shaping, and gravel work as necessary to prevent erosion. The condition of the travelways were found to be deteriorated due to unstable surface conditions, and access should follow guidelines as perscribed by the Forest engineer in the Operation and Maintenance Plan Exhibit B for the Besson Special Use Permit. The permittee is also required to repair all damage to other National Forest roads caused by the exercise of the privileges granted by the permit (FR Special Use Permit clauses 8, 10, and Clause 17 A-F). The road location is displayed on the attached map. Forest Road 1157 is open to the general public via Off-Highway vehicles (OHVs) and highway vehicles for approximately ½ mile, with the remaining portion of FR 1157 and 1157-G open to the general public via OHV only, as part of the Ottawa s Motor Vehicle Use Map (MVUM). These roads are subject to an annual public closure period from March 15 th through May 14 th to all motorized uses to alleviate potential spring thaw road damage. All un-named spur roads listed above for permit inclusion are not open to any public motorized traffic. It is also my decision that a Special Use Fee will be charged for the permit as Forest Service regulations require the applicant to pay any necessary fees, post any necessary bonds, and secure any state or federal permits or authorizations required by law. The use of the travel route will be monitored and inspected pursuant to Forest Manual direction and the FLPMA not to exceed once every 5 years, and also upon any construction or rehabilitation work to permitted travelway, or any other time as deemed necessary by Forest Service personnel. 1

2 B. Purpose of Decision Authorization through a Special Use Permit is needed to cross National Forest System land to reach private property when the access is not part of the forest transportation system or is not open to the public. The location for such travel to private land is the one determined most suitable through the integrated resource management process. The purpose of this decision is to provide access to private property. Request by the proponent for issuance of a special use permit was accepted in September This decision responds to the 2006 Ottawa National Forest Plan s Standards and Guidelines for providing the written authorization required under the Forestwide standard to travel when access by the general public is restricted (Forest Plan, Chapter 2 pg.15). C. Alternative Actions Considered but Dismissed Alternative routes were reviewed but not carried forward due to National Forest lands surrounding the private lands. The aforementioned travelways were field reviewed along with various surrounding travelways that were also reviewed as part of the adjacent Pori Vegetative Mangement Environmental Assessment. Should the Pori analysis move to implementation, the Besson permit may be amended to incorporate a road which may be better suited for the Besson access which was improved under the Pori project. The Forest system roads and trails leading to the private parcel have been on the transportation system for over 20 years; the chosen route is the one currently best suited to sustain motorized vehicular traffic under permit. 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 by the U.S. Department of Agriculture in 7 CFR part 1b.3 or one of the categories identified by the Chief of the Forest Service in Forest Service Handbook (FSH) sections 31.11, 31.12, or 31.2 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. We have concluded that this decision is appropriately categorically excluded from documentation in an environmental impact statement or environmental assessment as it is a routine 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. Our conclusion is based on information presented in this document and the entirety of the project record. A. Category of Exclusion The project is within the FSH (3) category of exclusion that includes the Approval, modification, or continuation of minor special uses of National Forest System lands that require less than five contiguous acres of land. 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 This project was reviewed by the Forest botanist and wildlife biologist. No habitat change is likely from the current condition, and populations existing in these areas would not be subjected to additional impacts. No federally listed, threatened, endangered, or proposed plants, or Forest Service sensitive species are believed to occur within the project areas, and none were observed during field reviews. No Forest Service sensitive species or their habitat will be affected. No critical habitat for any federally listed wildlife species is present on the Ottawa National Forest (see Project 2

3 Record). 2. Floodplains, Wetlands, or Municipal Watersheds This project was reviewed by the Forest soil scientist, engineering technician, botanist, and Forest hydrologist, including validation by field review, and by reviewing topography and Ecological Land Type Phase maps. This decision will not affect floodplains or wetlands (see Project Record). There are no municipal watersheds on the Ottawa National Forest. 3. Congressionally Designated Areas The project is not located in a Wilderness or in a Wild and Scenic River corridor. The wild segment of the East Branch of the Ontonagon River lies 1.5 miles to the west of the Besson property. The distance from the river and continued use of the travel ways to the permitted area do not present any concerns. There are no National Recreation Areas or Wilderness Study Areas on the Forest. No congressionally designated areas will be affected by this decision (see Project Record maps). 4. Inventoried Roadless Areas There are no inventoried roadless areas (RARE II or Forest Plan) in or near any of the decision areas. This decision will not affect inventoried roadless areas. 5. Research Natural Areas, Special Interest Areas There are no candidate or designated Research Natural Areas (RNA) or Special Interest Areas in or near the decision area. 6. American Indian and Alaska Native Religious or Cultural Sites This project is minor in scope and covers in total 3.46 acres of existing linear travelway. Meetings are conducted frequently with the Tribes to make them aware of upcoming special use projects across the Forest. No concerns have been voiced at these meetings. 7. Archaeological Sites, or Historic Properties or Areas This project was reviewed by an archaeological paraprofessional. One site, , was noted near but outside of the travel route; this site has not been evaluated by the State of Michigan for elegibility; as per guidelines established by the Forest archeologist and included under the Operation and Maintenance Plan for the Besson Special Use Permit, the site will be proteced with a 100 buffer to protect it from disturbance. Any work on the permitted travelways will stop immediately should any new sites or artifacts be discovered within the project area during permitted use until the area can be assessed and cleared for use by the Forest Archeologist (see Project Record). Therefore, no known religious, cultural, archeological, or historical sites will be affected by the use or maintenance of the roads included in this decision. No other extraordinary circumstances related to the project were identified. III PUBLIC INVOLVEMENT Scoping was conducted through interviews with Forest Service specialists (botanist, archeological paraprofessional and Forest archeologist, soil scientist, wildlife biologist, hydrologist, engineering technician, recreation mangement assistant, silviculturist, and realty specialist). The project was listed most recently in the January to March 2014 Schedule of Proposed Actions, which is posted on the Ottawa s Internet site and mailed to over 130 individuals and organizations that requested this publication, including Federal, State, and Local agencies and affected Indian Tribes. No additional persons that could be affected were identified. No issues with this decision were raised. 3

4 IV 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. Alaska National Interest Lands Conservation Act, Sec This Act directs the Secretary of Agriculture to provide access to non-federally owned land within the boundaries of the National Forest System as the Secretary deems adequate to secure to the owner the reasonable use and enjoyment thereof: Provided, that such owner comply with rules and regulations applicable to ingress and egress to or from the National Forest System. The Besson privately owned parcels are surrounded on all sides by National Forest System lands. The landowners will be allowed reasonable access under the Act. 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. Forest Plan Consistency (National Forest Management Act) - This Act requires the development of long-range land and resource management plans (Forest Plans). The Ottawa Forest Plan was approved in 2006 as required by this Act. It has since been amended one time to incorporate direction for Wild and Scenic Rivers based upon authorized Comprehensive River Management Plan. The Act requires all projects and activities are 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 Plan, as summarized in Section IB of this document and as follows. This decision is consistent with the standards and guidelines contained in the Ottawa Forest Plan, specifically Cultural Resources p. 2-5; Water and Soil Resource Management pp. 2-7 to 2-8, 2-26 to 2-27; Wildlife, Fish, and Sensitive Plant Management pp. 2-4, 2-8 to 2-10, 2-27 to 2-34; Special Use Management p 2-34; and Transportation System p Endangered Species Act - As required by this act, an evaluation was completed that addressed the potential effects to threatened and endangered species utilizing the project area. It has been determined that the proposed authorization would not affect any currently listed federally threatened or endangered species (See BE, project file). On October 2, 2013, the USDI Fish and Wildlife Service proposed to list the northern long-eared bat (Myotis septentrionalis) as Endangered under the Endangered Species Act due to the primary threat of White- Nose Syndrome (WNS) (USDI Fish and Wildlife Service 2013). More information about this proposed listing is available at the Federal Register website ( October 2, 2013 edition, pp ). Because none of the proposed actions in this project would jeopardize this bat species or its habitat, conferencing with USDI Fish and Wildlife Service will not be initiated at this time. If the USDI Fish and Wildlife Service lists this bat species (decision expected during the fall 2014), the Ottawa would initiate informal consultation according to the ESA Section 7 Handbook (USDI FWS 1998). The project s biologist and botanist have determined that the project will not affect any federal listed species. See Section II-B1. Sensitive Species (Forest Service Manual 2670) Manual direction requires analysis of potential impacts to sensitive species, those species for which the Regional Forester has identified population viabilitiy is a concern. Potential effects of this decision on sensitive species has been analyzed by the project s biologist and botanist. It has been determined that this decision will have no impact on sensitive species. Therefore, implementation 4

5 of this project will not cause a trend to federal listing or loss of viability for any species on the RFSS list for the Ottawa National Forest. See Section II-B1. Clean Water Act - This Act is 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 (see Project Record). Wetlands (Executive Order 11990) - Wetlands are defined by this order as... areas inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. This decision incorporates permit clauses to ensure protection of wetlands when travel ways are maintained or improved through a permit s Maintenance Agreements Exhibit B. This decision will not affect wetlands. See Section II-B2 of this document. Floodplains (Executive Order 11988) - Floodplains are defined by this order as... the lowland and relatively flat area adjoining inland and coastal waters, including flood prone areas of offshore islands, including at a minimum, that area subject to a one percent [100-year recurrence] or greater chance of flooding in any one year. This decision will not affect floodplains. See Section II-B2 of this document. National Historic Preservation Act - 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 on agency undertakings. This decision complies with this Act. Surveys were conducted for Native American religious or cultural sites, archaeological sites, and historic properties or areas that may be affected by this decision. A no historic properties affected determination was made. Any unknown sites found within the project area would be avoided and protected following the standards set forth under the guidelines of the Memorandum of Agreement between the USDA Forest Service and the local Tribal Historic Preservation Officers and Michigan State Historic Preservation Officer. No tribal concerns were identified during the scoping process. This decision complies with this Act. See Section II-B7 of this document. Archaeological Resources Protection Act - This Act covers the discovery and protection of historic properties (prehistoric and historic) that are excavated or discovered on federal lands. It affords protection of archaeological resources and sites that are on public and Indian lands. This decision complies with this Act. See Section II-B7 of this document. Native American Graves Protection and Repatriation Act - This Act covers the discovery and protection of Native American human remains and objects that are excavated or discovered in federal lands. It encourages avoidance of archaeological sites that contain burials or portions of sites that contain graves through in situ preservation, but may encompass other actions to preserve these remains and items. This decision complies with this Act. See Section II-B6 of this document. Wild and Scenic Rivers Act This act designates selected rivers and their immediate environments, possessing outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values; to be preserved in free-flowing condition and protected for the benefit and enjoyment of present and future generations. There are no wild, scenic, or recreational rivers within the project area. See Section II-B3 of this document. 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. Public involvement occurred for this project, the results of which I have considered in this decision-making. Public 5

6 involvement did not identify any adversely impacted local minority or low-income populations. This decision is not expected to adversely impact minority or low-income populations. National Environmental Policy Act - This Act requires public involvement and consideration of potential environmental effects. The entirety of documentation for this decision supports compliance with this Act. V IMPLEMENTATION DATE Implementation of this decision may be implemented immediately. VI CONTACT PERSON Further information about this decision can be obtained from Dawn Buss-Glodowski at the Ontonagon Ranger District, 1209 Rockland Road, Ontonagon, MI 49953; Phone (906) extension 15, fax (906) , 8:00 a.m. to 4:30 p.m. weekdays; dbussglodowski@fs.fed.us. Additional information about this decision can be found on the Internet at /s/ SUSANNE M. ADAMS Ontonagon District Ranger Date The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, sexual orientation, marital status, family status, status as a parent (in education and training programs and activities), because all or part of an individual s income is derived from any public assistance program, or retaliation. (Not all prohibited bases apply to all programs or activities.) If you require this information in alternative format (Braille, large print, audiotape, etc.), contact the USDA s TARGET Center at (202) (Voice or TDD). If you require information about this program, activity, or facility in a language other than English, contact the agency office responsible for the program or activity, or any USDA office. To file a complaint alleging discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C , or call Toll free, (866) (Voice). TDD users can contact USDA through local relay or the Federal relay at (800) (TDD) or (866) (relay voice users). USDA is an equal opportunity provider and employer. 6

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8 BESSON SPECIAL USE PERMIT T49N R37W Section 19, 30 Houghton Co. T49N R38W Section 24, 25 Ontonagon Co. Forest Road 1157, 1157-G, and spur road in NWSE Section 25 Proposed Route 8