DRAFT DECISION MEMO WHITE PASS BASE COMMUNICATION SITE U.S. FOREST SERVICE

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1 DRAFT DECISION MEMO WHITE PASS BASE COMMUNICATION SITE U.S. FOREST SERVICE COWLITZ VALLEY RANGER DISTRICT GIFFORD PINCHOT NATIONAL FOREST LEWIS COUNTY, WA BACKGROUND American Tower Corporation (ATC) is proposing the construction of a new unstaffed wireless communication facility (WCF) to provide infrastructure for both data and voice transmission service to the surrounding area. The proposal includes a 100 monopole with 12 AT&T panel antennas located at the top, and also the structural capacity to accommodate two additional wireless carriers as requested by the US Forest Service. Associated ground equipment is proposed within a 30 x30 multi-tenant building which will include an 80 kw multi-tenant generator. The proposed site is located within a 35 x45 area. The monopole and antennas would be painted to blend in with existing ski area scenery and infrastructure, and be surrounded by a 6 chain link fence. The WCF site is proposed to improve communication coverage, providing reliable and consistent wireless communication for both emergency services and the general public in the White Pass Recreation Area along US Highway 12. The project area is located adjacent to US Highway 12, within T13N, R11E, Sec 2, SW1/4, W.M (see Map, Attachment 1). This project would improve cellular telephone services to the public with minimal effects to area resources or recreationists. The project would occur on previously disturbed ground, in an area already modified by several buildings and lift towers. The project will not increase human use of the area. The proposed location and design of the project would not be expected to alter the existing visual character of the area. DECISION I have tentatively decided to approve the construction of the White Pass Base Communication Site per the site plan proposed by ATC, to be implemented with project design criteria to prevent the spread of noxious weeds, to preserve the visual character of the area, and to protect soil, water quality, and riparian resources (Attachment 2). This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA). The applicable category of actions is identified in agency procedures as Approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land 36 CFR 220.6(e)(3). This category of action(s) is applicable because the proposal is for a new special use of the National Forest within a small area to enhance wireless communication in the White Pass area. Page 1 of 7

2 I find that there are no extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist: Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species No Threatened, Endangered, or Sensitive species were documented in wildlife and botanical surveys of the project area. The project does occur within area considered to be habitat for the Gray wolf (Threatened), Grizzly bear (Threatened), and California wolverine (proposed threatened). However, the project area is adjacent to a parking lot and ski area that is open yearround and receives high visitor use, and the proposed project would result in little change from the existing uses. Therefore, I expect No Effect to the Gray wolf, wolverine, and any other TES species or designated Critical Habitat. The project area is not in suitable habitat for the northern spotted owl or near any known spotted owl activity areas. The site is not suitable habitat for sensitive and Survey and Manage (S&M) mollusk and amphibian species under the Northwest Forest Plan, there for there would be No Impacts to any sensitive and S&M species. Finally, there would be No Impacts to any of the Gifford-Pinchot Management Indicator Species as a result of implementing the proposed project. Flood plains, wetlands, or municipal watersheds the location of the proposed project is located outside of, and will not affect any floodplains. The project is near, but will not affect small palustrine wetlands adjacent to Highway 12. No municipal watersheds are in the project area. Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas The project site is not within any wilderness, wilderness study area, or national recreation area. Inventoried roadless areas or potential wilderness areas No inventoried roadless or potential wilderness areas are in the project area. Research natural areas no research natural areas are present in the project area. American Indian religious or cultural sites, archaeological sites, or historic properties or areas no sites are located within the project area. PUBLIC INVOLVEMENT This action will be listed as a proposal in the April 2013 Gifford Pinchot National Forest Schedule of Proposed Actions and updated periodically during the analysis. Targeted scoping will be conducted with stakeholders identified to have interests the immediate vicinity of the proposed tower in order to clarify issues and resolve any potential concerns prior to my decision. Parties and tribes to be consulted include the White Pass Company, Okanogan-Wenatchee National Forest, Washington Department of Transportation, Washington State Highway Patrol, Pacific Crest Trail Association, Yakama Nation, the Cowlitz Indian Tribe, and several communication companies and wireless providers. Input provided by the general public during the official scoping/comment period will also be considered and integrated into the final Decision Memo. Page 2 of 7

3 FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS The project was designed in conformance with forest plan standards and guidelines for the Gifford Pinchot National Forest Land and Resource Management Plan as amended by the Northwest Forest Plan. The proposed project area is within Administratively Withdrawn land allocation as defined in the Northwest Forest Plan, and will not prevent movement of the watersheds toward Desired Future Conditions identified in the 1998 Clear Fork and White Pass watershed analyses. The land allocation is Developed Recreation under the Gifford Pinchot Forest Plan (2L). This allocation allows for special use activities as long as they do not retard or prevent attainment of Aquatic Conservation Strategy objectives and are compatible with the goals of the prescriptions. This tentative decision is consistent with the National Forest Management Act because it is consistent with the amended Forest Plan. I find that there will be no irreversible or irretrievable commitment of resources from implementation of this project. I find that this action is consistent with the Endangered Species Act of For Threatened and Endangered terrestrial species, this action would have no effect on listed wildlife, fish, or plant species or designated critical habitat. No plants on the R6 Regional Forester s Sensitive species list will be affected by this project. No consultation under ESA is required. I find that this action is consistent with the Sustainable Fisheries Act of 1996 (Public Law ) (which amended the Magnuson-Stevens Fishery Conservation and Management Act). Because EFH will not be adversely affected for any of these species, no consultation is necessary. I find that all applicable state and federal requirements associated with the Clean Water Act (CWA) will be met through planning, application, and monitoring of BMP s in conformance with provisions of the CWA, Federal guidance and management direction. I find that this action will not prevent attainment of Northwest Forest Plan Aquatic Conservation Strategy Objectives (ACSOs) at the project scale because no Riparian Reserves will be affected by this project. There are no impacts to resources of cultural or historical significance therefore I find that this action is consistent with the National Historic Preservation Act. I find that this action does not violate other Federal, State, or local laws designed for the protection of the environment. ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES Though this action may be categorically excluded, in light of a recent court ruling (Sequoia ForestKeeper v. Tidwell, 11-cv LJO-DLB (E.D. Cal.)), the Forest Service will provide 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. A 30-day comment period for the draft Decision Memo will begin upon publication of legal notice in The Centralia Chronicle, the newspaper of record for the Cowlitz Valley Ranger District. This decision would also be appealable by the prospective permittees under 36 CFR 251. Permittees may file appeals under 36 CFR 215 or 36 CFR 251, but not both. Page 3 of 7

4 IMPLEMENTATION DATE The communication site, if approved, would be implemented during the snow-free season of CONTACT For additional information concerning this decision, contact: Erica Taecker, North Zone Planning Team Leader, Cowlitz Valley Ranger District, by phone at or by at Correspondence may be sent to P.O. Box 670, Randle, WA GAR ABBAS Cowlitz Valley 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, 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 4 of 7

5 ATTACHMENT 1 Page 5 of 7

6 ATTACHMENT 2 Project Design Feature Standards for Preventing and Managing Invasive Plants These standards come from the Pacific Northwest Region Invasive Plant Program Final Environmental Impact Statement Record of Decision, To prevent the introduction of noxious weeds into the project area, for actions conducted outside the road prism, all heavy equipment (bulldozers, skidders, graders, backhoes, dump trucks, etc.) will be cleaned prior to entering National Forest System lands. An inspection will be required to ensure that equipment is clean before work can begin. (Equipment cleaning clause WO-C6.35) (Standard 2). 2. Use weed-free straw and mulch for all projects, conducted or authorized by the Forest Service, on National Forest System Lands. If State certified straw and/or mulch is not available, individual Forests should require sources certified to be weed free using the North American Weed Fee Forage Program standards or a similar certification process (Standard 3). 3. Inspect active gravel, fill, sand stockpiles, quarry sites, and borrow material for invasive plants before use and transport. Treat or require treatment of infested sources before any use of pit material. Use only gravel, fill, sand, and rock that is judged to be weed free by District or Forest weed specialists (Standard 7). Project Design Measures to Preserve Visual Character 1. Access to the site for operations and maintenance should be as unobtrusive as possible. 2. Design of the cell tower should mimic tree shape to the degree possible, preferring vertical components to horizontal components, in order to blend into the texture of the hillside as viewed from US Hwy 12, from the ski slopes, and potentially from the Pacific Crest National Scenic Trail (PCNST). 3. Tower and associated building(s) should be painted a flat, darker green color, possibly a woodland camouflage color, to blend in with the darker green of the timber stand as viewed from US 12, ski slopes, and potentially from the PCNST. Request that FS approve the tower and building colors based on on-site review of 4 x4 panels painted with optional colors. Shade of color is critical to match color and texture of surrounding landscape. Project Design Measures to Protect Water Quality 1. Construction Best Management Practices (BMP s) applicable to this project will be implemented by following recommendations outlined in the USDA National Best Management Practices for Water Quality Management on National Forest System Lands Page 6 of 7

7 (2012). Under the Facilities and Nonrecreation Special Uses Management Activities section on page 47 under FAC-9 Nonrecreation Special Uses Authorizations states that the operator is to avoid, minimize, or mitigate adverse effects to soil, water quality, and riparian resources from physical, chemical, and biological pollutants resulting from activities under nonrecreation special use authorizations. This USDA National Core BMP technical guide can be found at: pdf 2. Minimize soil disturbance and displacement, and reduce the risk for any off-site soil movement from construction activity through the use of filter materials such as straw bales, wattles or silt fencing. 3. Avoid use of Riparian Reserves, riparian areas, or water bodies for the disposal of dirt and excess waste materials. 4. Time construction work and activity during dry conditions to help minimize any sediment delivery. 5. Develop and carry an approved spill containment plan that includes having a spill containment kit on-site and previously identified containment location. 6. Carry approved spill containment plan before operations begin. Containment plan should include but not limited to: possess a spill containment kit on-site, and pre-identify containment locations. A spill containment kit will be located where equipment is stored. Hydraulic/oil/fuel leaks will be repaired prior to operating on National Forest System lands. Equipment will be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities. Equipment storage locations will need to be away from any live streams by at least 100 feet. Equipment will not be stored adjacent to or in stream channels when not in use to avoid/minimize any potential effects of accidents, natural disasters, or vandalism. Any accidental spill of a hazardous material (e.g. oil, fuel, transmission fluid) from any operating equipment or storage facility on land or in water must be reported to the Gifford Pinchot National Forest. 7. Service and refueling areas need to be located at least 100 ft. away from any stream course or water body. Refueling or oil changes for mechanized equipment and vehicles must be done at a designated service and refueling area. Page 7 of 7