The project location is displayed on the attached map.

Transcription

1 Decision Memo for Sheffield Land and Timber Company Road Special Use Permit USDA Forest Service, Eastern Region Allegheny National Forest Marienville Ranger District Warrant 2993, Howe Township Forest County Pennsylvania I. Decision A. Description of Decision My decision is to authorize a special use permit (SUP) for Sheffield Land and Timber Company to construct and utilize two oil and gas access roads, which would access their mineral estate in Warrant 2980, Howe Township, Forest County, Pennsylvania. The proposed oil and gas access roads include two segments, both of which are approximately 0.2 miles in length and are located in Warrant 2993, Howe Township, Forest County, off of Forest System Road (FR) 219. A SUP is required because Sheffield Land and Timber Company does not own the mineral rights in Warrant 2993, Howe Township, Forest County. The project location is displayed on the attached map. B. Purpose of Decision The purpose and need for this project is to help achieve the desired condition described in the ANF Land and Resource Management Plan (Forest Plan or LRMP). A goal of the Forest Plan is to Encourage, facilitate, and administer the orderly exploration, development, and production of mineral resources. The proposed action falls within management area (MA) 3.0. New special use road rights of way are suitable in MA 3.0. The proposed oil and gas access roads would eliminate two road crossings on unnamed tributaries of the West Branch of Bluejay Creek in Warrant Both of the proposed road segments would use a combination of existing corridors and new construction. II. Reasons for Categorically Excluding the Decision Decisions may be categorically excluded from documentation in an environmental impact statement or environmental assessment when they qualify for one of the categories identified by the U.S. Department of Agriculture in 7 Code of Federal Regulations (CFR) part 1b.3 or one of the categories identified in 36 CFR and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect. A. Category of Exclusion Preliminary analysis indicates this project may be excluded from further analysis and documentation in an environmental impact statement or environmental assessment pursuant to 36 CFR and would fall within category 36 CFR 220.6(e)(3). This category allows the Approval, modification, or continuation of minor special uses of National Forest System (NFS) lands that require less than five contiguous acres of land. The proposed roads encompass approximately 1.4 acres of NFS lands total. This falls within the categories of actions for which a project file and decision memo are required. Pursuant to 36 CFR 215 this decision will not be subject to appeal. The analysis will consider whether extraordinary circumstances related to the proposed action warrant further analysis and documentation. Resource conditions that will be considered include: federally listed threatened or endangered species and Forest Service sensitive species; floodplains, wetlands, and municipal

2 watersheds; Congressionally designated areas such as wilderness, wilderness study areas, and national recreation areas; inventoried roadless areas; research natural areas; American Indian and Alaska Native religious and cultural sites; and archaeological sites and historical properties and areas (36 CFR 220.6(b)). The mere presence of one or more of these conditions does not preclude use of the category. The degree of the potential effect determines whether extraordinary circumstances exist. B. Relationship to Extraordinary Circumstances 1. Proposed, Threatened, or Endangered Species or their Critical Habitat and 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. There is no critical habitat for any listed proposed, threatened, or endangered species on the ANF. Potential effects of the decision on federally listed species are documented in a biological assessment and evaluation (BAE). Analysis indicates that there will be no effect to the small whorled pogonia, northeastern bulrush, and northern riffleshell, clubshell, rayed bean, and sheepnose mussels. A may affect, not likely to adversely affect determination was made for the Indian bat. Additionally, this decision will not jeopardize the continued existence of listed species. Concurrence for these determinations were received as a part of the concurrence on the 2007 ANF LRMP dated January 31, A supplemental information report (SIR) pertaining to the white-nose syndrome affecting bats has been prepared. Findings in the SIR include no changes in the listed determination for the Indiana bat. Forest Service Manual 2670 requires analysis of potential impacts to sensitive species, those species for which the Regional Forester has identified population viability is a concern. On November 8, 2006, the Regional Forester approved the updated Regional Forester s Sensitive Species (RFSS) list. Analysis indicates that there will be no impact for 54 of the listed RFSS. For the timber rattlesnake, northern goshawk, American ginseng, checkered rattlesnake plantain, Hooker s orchid, mountain wood fern, and white trout lily, this decision will not cause a trend toward federal listing of any of those species. A may impact individuals, but not likely to cause a trend toward federal listing or loss of viability determination was reached for the timber rattlesnake, northern goshawk, American ginseng, checkered rattlesnake plantain, Hooker s orchid, mountain wood fern, and white trout lily for this project. 2. Floodplains, Wetlands, or Municipal Watersheds Floodplains Executive Order is to avoid adverse impacts associated with the occupancy and modification of floodplains. Floodplains are defined by this order as,... the lowland and relatively flat areas 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. The decision does not include land within or adjacent to floodplains. This has been validated by map and site review. Therefore, the decision would not affect floodplains. Wetlands Executive Order is to avoid adverse impacts associated with destruction or modification of wetlands. 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 2

3 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. The decision is not in or near any inventoried wetlands. This has been validated by map and site review. Therefore, the decision would not affect inventoried wetlands. Municipal Watersheds Municipal watersheds are managed under multiple use prescriptions in forest plans. There are two municipal watersheds on the Marienville Ranger District. The project is not located near either watershed. This has been validated by map and site-review. This decision will not affect municipal watersheds. 3. Congressionally Designated Areas Wilderness This project is not in or near designated wilderness areas. Wilderness areas are identified on the ANF as MA 5.1 (Forest Plan, pp ). This project is located in MA 3.0. This decision, with impacts limited to the immediate area of activity, will not affect wilderness areas. Wilderness Study Areas There are two wilderness study areas (WSA) on the ANF. WSAs are designated MA 5.2 on the ANF (Forest Plan, pp ). This project is not near or adjacent to the wilderness study areas; therefore, this decision will not affect wilderness study areas. National Recreation Areas: The Allegheny National Recreation Area (NRA) is the only NRA on the ANF (Forest Plan, pp ). The project is not located in or near this area. This has been validated by map and sitereview.; therefore this decision will not affect the NRA. Wild and Scenic Rivers: There are two Wild and Scenic Rivers (WSR) on the ANF, the Allegheny and the Clarion. This project is not located adjacent to or near these rivers. This has been validated by map and sitereview; therefore, this decision will not affect either WSR. 4. Inventoried Roadless Areas There are no inventoried roadless areas (RARE II or Forest Plan) in or near the project area. Therefore, this decision will not affect inventoried roadless areas. 5. Research Natural Areas The Tionesta Research Natural Areas is the only Research Natural Area on the ANF (Forest Plan pp ). This project is not located in or near the Tionesta Research Natural Area. Therefore, his decision, with impacts limited to the immediate area of activity, will not affect Research Natural Areas. 6. Native American Religious or Cultural Sites 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, eligible for inclusion in, or unevaluated for the National Register of Historic Places (NRHP). The Native American Graves Protection and Repatriation Act governs the discovery and protection of Native American human remains and objects that are excavated or discovered in federal lands. 3

4 Additionally, the Federal government has trust responsibilities to Tribes under a government-togovernment relationship to insure that Tribes reserved rights are protected. The ANF has contacted the Seneca Nation of Indians regarding this project and no tribal concerns were identified. 7. Archaeological Sites or Historic Properties or Areas While Section 106 of the National Historic Preservation Act requires federal agencies to consider the effects on eligible and unevaluated cultural resources, the Archaeological Resources Protection Act also affords lawful protection to archaeological resources and sites on federal and Indian 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 the cited Acts. A heritage resource review and field survey was completed for this project. This project will not impact any known heritage resources. Since no effects to heritage resources are anticipated with implementation of this project, no review or consultation with the Pennsylvania State Historic Preservation Office (SHPO) or The Advisory Council on Historic Preservation is required prior to implementation (Programmatic Agreement 2005, p. 17). The heritage review and inventory for this project are documented and included in the project file. No other extraordinary circumstances related to the project were identified. III. Public Involvement The following methods were used to inform the public of the opportunity to comment on this project: 1) A public comment package was mailed on May 7, 2010, to potential interested parties. The scoping package was also posted to the ANF website on May 11, Scoping period ended on May 21, ) A new release was sent to local media on May 14, One response was received during the scoping period. The comments are addressed below with Forest Service responses. 1) The alternative routings marked on the enclosed map would avoid stream crossings and travel through riparian areas (mudholes when wetted). Response: Neither of the proposed access roads crosses streams or riparian areas. The proposed oil and gas access roads would eliminate two road crossings on unnamed tributaries of the West Branch of Bluejay Creek in Warrant 2980, Howe Township, Forest County. 2) They would also reduce the amount of roads required to service the marked well sites. I haven t studied the contours/grades but steep sections subject to washout, and requiring runoff discharges into forested gullies and points should be avoided. Response: The proposed roads would help maintain stream-side buffers and water quality while facilitating the orderly development of private mineral resources. The terrain where the access roads are to be constructed includes gentle hillside terrain with slopes ranging from 0 to 3 percent. 4

5 3) This new drilling push is going to have a hell of a severe impact on the F.S. surface. Just trying to help you. Response: The Forest Service works with mineral estate owners to develop their mineral estates in a manner that will minimize their impact to National Forest System lands. IV. Findings Required by and/or Related to Other Laws and Regulations. The decision will comply with all applicable laws and regulations. I have summarized some pertinent ones below. Forest Plan Consistency (National Forest Management Act [NFMA]) This Act requires the development of long-range land and resource management plans (or forest plan). The ANF Forest Plan was approved in 2007 and provides guidance for all natural resource management activities on the ANF. This Act requires that 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 Forest Plan (see Section I. Item B). As required by NFMA Section 1604(i), I find this project to be consistent with the Forest Plan. Endangered Species Act See Section II, Item B1 of this document. Sensitive Species (Forest Service Manual 2670) See Section II, Item B1 of this document. Clean Water Act This Act requires restoring and maintaining the integrity of waters. The Forest Service complies with this act through the use of Forest Plan standards and guidelines and Pennsylvania Best Management Practices (BMPs). Ground disturbance involving road construction, is anticipated with this decision. Implementation of Forest Plan standards and guidelines, project design features, and Pennsylvania BMPs would ensure protection of soil and water resources during construction. Wetlands (Executive Order 11990) See Section II, Item B2 of this document. Floodplains (Executive Order 11988) See Section II, Item B2 of this document. Federal Cave Resources Protection Act This Act requires securing, protecting, preserving, and maintaining significant caves, to the extent practical. Site features and field review substantiate that no caves are in the project area. Therefore, known cave resources will not be affected by this decision. Subsequently, identified caves will be protected. National Historic Preservation Act See Section II, Item B6 and B7 of this document. 5

6 Archeological Resources Protection Act See Section II, Item B6 and B7 of this document. Native American Graves Protection and Repatriation Act See Section II, Item B6 and B7 of this document. Wild and Scenic Rivers Act See Section II, Item 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 involvement did not identify any adversely impacted local minority or low-income populations. This proposed 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. My decision is based on a review of the record that shows a thorough review of relevant scientific information, a consideration of responsible opposing views, and the acknowledgement of incomplete or unavailable information, scientific uncertainty, and risk. V. Design Features The proposed decision will be implemented according to forest-wide standards and guidelines in the Forest Plan, pages and standards and guidelines for MA 3.0 in the Forest Plan, pages In addition, project specific design features include: 1. The access road will be constructed to Forest Service Traffic Level D Standard. Stone surfacing will be provided by Sheffield Land and Timber Company from private stone sources. 2. Sheffield Land and Timber Company will follow an approved soil erosion and sedimentation control plan. Disturbed areas must be successfully re-vegetated within 60 days of the end of construction or within 60 days of the beginning of the first growing season following construction that occurs in late fall or winter. Re-vegetation means 75 percent coverage as measured by transect. 3. Excavated material will be kept out of and away from springs and streams. 4. Road ditch water and runoff will not be discharged directly into watercourses. This water will be either discharged onto undisturbed ground or passed through a sedimentation basin. 5. Road construction or timber harvesting operations will not take place during the spring thaw or during very wet weather. 6. Except at stream courses or sag vertical curve locations, culvert cross drains installed on ascending/descending road gradients will be skewed forward to the downhill side of the cross- 6

7 slope. The intent here is to minimize restricted flow from the ditch through the culvert and reduce the potential for sediment discharge blockage at the cross drain inlets. 7. Sheffield Land and Timber Company is responsible for placing culverts where they are needed in the access roads. Culverts should be 18" diameter CMP or 15" diameter casing and installed diagonally with outlet downhill and a 6" drop per 10 feet of running width. The following table outlines recommended spacing of culverts based on percentage slope: Road Grade (percent slope) Spacing (feet) Seed mixture (with Pennsylvania ecotypes for disturbed areas should consist of: Oats or winter wheat at a rate of 5 pounds per acre. Switch grass (Rockwell) at a rate of 4 pounds per acre. Tioga deer tongue at a rate of 2 pounds per acre. Big bluestem at a rate of 2 pounds per acre. Little bluestem at a rate of 2 pounds per acre. 9. Disturbed areas will be mulched with straw. 10. Slash will be removed 15 feet from the road ditch and scattered beyond this limit. Slash will be kept out of springs, seeps, and streams. Timber is not to be skidded across streams. 11. If any heritage resources are discovered during timber harvesting or road construction operations shall stop immediately and the Forest Service shall be notified. VI. Administrative Review or Appeal This decision is not subject to administrative review or appeal pursuant to 36 CFR 215. VII. Implementation Date Implementation of this decision may occur immediately. VIII. Responsible Official and Contact Person The Responsible Official is: Robert T. Fallon, District Ranger Marienville Ranger District Allegheny National Forest 131 Smokey Lane Marienville, PA Questions regarding the proposed decision should be directed to the Responsible Official (814) or Kevin Treese, district NEPA coordinator, at (814) This document is also listed on the ANF website at: VIII. Conclusions, Signature, and Date I have concluded that this decision may be categorically excluded from documentation in an environmental impact statement or environmental assessment as it is within one of the categories 7

8 identified by the U.S. Department of Agriculture in 7 CFR part 1b.3 or one of the categories identified by the 36 CFR and there are no extraordinary circumstances related to the decision that may result in a significant or cumulative environmental effect. My conclusion is based on information presented in this document and the project file. _/s/robert T. Fallon ROBERT T. FALLON District Ranger 8/6/2010 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 USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC or call (800) (voice) or (202) (TDD). USDA is an equal opportunity provider and employer. 8