Proposed Action. A Land-for-Land Exchange between American Land Holdings of Illinois, LLC and the Shawnee National Forest.

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1 United States Department of Agriculture Forest Service December 2011 Proposed Action A Land-for-Land Exchange between American Land Holdings of Illinois, LLC and the Shawnee National Forest Shawnee National Forest Gallatin, Pope, and Jackson Counties, Illinois

2 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.

3 Table of Contents Background...1 Purpose and Need for Action...1 Proposed Action...2 Federal Parcel Gallatin County...2 Non-Federal Parcels...2 Non-Federal Parcel # 1 (Pope County)...2 Non-Federal Parcel # 2 (Jackson County)...3 Non-Federal Parcel # 3 (Pope County)...3 Decision Framework...4 Alternatives...4 No Action...4 Proposed Action...4 Purchase Alternative...4 Appendix A Maps...5 Appendix B Legal Descriptions of Parcels Proposed for Exchange...10 Federal Land Gallatin County...12 Non-Federal Parcel # 1 Pope County...12 Non-Federal Parcel # 2 Jackson County...14 Nonfederal Parcel # 3 Pope County...15 List of Maps Map 1. Shawnee Land Exchange Vicinity Map ii Map 2. Federal Parcel Gallatin County 6 Map 3. Non-Federal Parcel # 1 (Pope County) 7 Map 4. Non-Federal Parcel # 2 (Jackson County) 8 Map 5. Non-Federal Parcel # 3 (Pope County) 9 i

4 Shawnee National Forest Land Exchange Proposed Action Map 1. Shawnee Land Exchange Vicinity Map ii

5 Background American Land Holdings of Illinois, LLC (ALHI) has approached the Shawnee National Forest with a proposal to exchange certain parcels of private land for an isolated parcel of National Forest System land in Gallatin County, Illinois. 1 The National Forest System land adjoins private lands that ALHI currently owns or holds legal options to purchase. ALHI a subsidiary of Peabody Energy desires to acquire the Federal parcel to further the development of an economically viable surface-mining operation at the location. They intend to implement surface mining activities on the Federal parcel, along with adjacent private parcels, as part of a coal extraction operation. Purpose and Need for Action The purpose of this initiative is to exchange the federally owned parcel of land in Gallatin County for three parcels of non-federal land located elsewhere within the Forest s proclamation boundary. This action is needed so that the Forest might dispose of a relatively isolated parcel of land and acquire suitable replacement parcels near large, consolidated blocks of National Forest System land, a Forest Plan priority. This action responds to the goals and objectives outlined in the Land and Resource Management Plan of the Shawnee National Forest 2 (Forest Plan), and helps move the project area toward desired conditions described in that plan (page 24): The highest priorities of the Forest s land-ownership adjustment program are providing for ecological restoration, protecting historic resources, reducing management costs and meeting the needs of the public. Acquisition of land that provides habitat for endangered, threatened, or sensitive species will continue to be a prime consideration of land adjustment activities. Land consolidation will be sought in order to improve public benefits and reduce administrative costs and is especially important in congressionally-designated areas like wilderness. Land-for-land exchanges will be considered when they meet the priorities for land ownership adjustment. Land exchanges involving isolated parcels of National Forest land will receive a higher consideration. Land adjustment standards and guidelines are provided on page 49 of the Forest Plan, which provides the following priorities: 1. Land needed to carry out programs specified, prescribed, or endorsed by acts of congress or department policy (e.g., wilderness); 2. Tracts needed to block-in or consolidate existing national forest land that is valuable primarily for watershed-protection, access, special-feature or sensitive-species management, or recreation; 3. Other land parcels desirable and suitable for Forest purposes that would also enhance management efficiency. 1 See Appendix A for detailed maps of all parcels included in this proposal. 2 USDA Forest Service Shawnee National Forest Land and Resource Management Plan: 1

6 Proposed Action The proposed action is the exchange of 384 acres of National Forest System land in Gallatin County (T. 10 S., R. 9 E., Sections 21, 27 and 28) for non-federal lands located in Pope County (481 acres at T. 13 S., R. 6 E., Sections 9 and 10 and 80 acres at T. 11 S., R. 6 E., Section 25) and Jackson County (270 acres on the Mississippi River at T. 9 S., R. 4 W., Sections 35 and 36 and T. 10 S., R. 4 W., Section 1). 3 Federal Parcel Gallatin County The Federal parcel is approximately 384 acres in size and is located in Gallatin County Illinois, approximately 20 miles southeast of Harrisburg, Illinois. This parcel is located in the southeast corner of the state approximately two miles west of the Ohio River. The western edge of the parcel adjoins the Saline River, although approximately 20 acres of forested habitat is located across the river on the west bank. From the Saline River bottom, moderate, west facing slopes comprise the center of the parcel, whereas the upland portion in the east adjoins a large block of private agricultural land. The parcel is entirely forested, with bottomland hardwoods, including swamp chestnut oak, American elm, cherrybark oak, and red maple along the Saline River, and upland hardwoods, including mixed oak, sweetgum, maple, ash, and yellow poplar dominating the eastern two-thirds of the parcel. The river bottom and floodplain, which make up approximately 25 percent of the parcel, are seasonally flooded; forested wetlands are scattered throughout the bottom. The Federal parcel involved in this exchange proposal is located primarily within the Minimum Management Management Area (MA) identified in the Shawnee Forest Plan. The Minimum Management MA generally provides for the protection and maintenance of environmental values, but directs that management activities and investments be at a minimum level. Additionally, the Minimum Management MA directs that unconsolidated lands within this management area are generally the highest priority for exchange. While the parcel also includes a small area, (~29 acres) managed within the Mississippi and Ohio Rivers Floodplain Management Area, approximately 93 percent of the parcel falls within the Minimum Management MA. There has been little management activity on this tract, which is currently being used primarily for dispersed recreation. Non-Federal Parcels The non-federal parcels involved in this exchange proposal are described in the following sections. Non-Federal Parcel # 1 (Pope County) The total area of Non-Federal Parcel #1 is 481 acres, located on the Hidden Springs Ranger District, Shawnee National Forest in Pope County, Illinois. Roughly, two-thirds of Parcel #1 is presently cleared and consists of grassland. In addition, a small portion of the property in the southwest corner of the parcel adjoins the Candidate Wild and Scenic River Management Prescription associated with the Lusk Creek corridor. The property contains several small streams that are tributaries to Lusk Creek. 3 See Appendix B for the legal descriptions of the parcels included in this proposal. 2

7 Non-Federal Parcel #1 is located 18 miles south of Harrisburg and three miles northwest of Golconda, Illinois. Unlike the Federal parcel and Non-Federal Parcel #2, which are predominantly forested, Non-Federal Parcel #1 contains a wide range of vegetation types, including approximately 250 acres of hardwood forest (oaks and maples), ten acres of grassland, and approximately 221 acres of former agricultural land, most of which is currently tall forb openings with a mixture of herbaceous and woody vegetation. The abandoned agricultural lands occur as three main openings separated by relatively small, forested corridors. The southwest corner of the parcel also contains a six-acre impoundment, beaver activity, and an emergent/shrub wetland component. Access to this private parcel is from Clark Road (county road) that runs through a large portion of the property. This parcel adjoins National Forest System (NFS) lands to the north, which are included in the Even-aged Hardwood Forest MA, although 31 acres along the southwest boundary are located in a candidate wild and scenic river corridor. The forested lands along the northern boundary of Parcel #1 are part of a 3,000-acre contiguous forest block that is currently managed by the Shawnee National Forest for interior forest wildlife species. Acquisition of Parcel # 1 would also connect a currently isolated 30-acre tract of the Shawnee NF with the larger block of NFS land to the north. Non-Federal Parcel # 2 (Jackson County) The total area of Non-Federal Parcel #2 is estimated to be 270 acres 4 and is located on the Mississippi Bluffs Ranger District, Shawnee National Forest in Jackson County, Illinois. Non-Federal Parcel #2 is located approximately 10 miles southwest of Murphysboro, Illinois. The Mississippi River forms the western boundary and the entire parcel occurs in the floodplain. The eastern boundary of the property is formed by the Mississippi River levee maintained by the Degognia - Fountain Bluff Levee and Drainage District, and agriculture dominates the landscape east of the parcel. The southern boundary abuts the former Illinois and Gulf Central Railroad Right-of-Way, which connects to 3,000 acres of Shawnee NF along Fountain Bluff. Parcel # 2 is located in the Mississippi and Ohio Rivers Floodplain MA. National Forest System lands to the south are managed as a Heritage Resource Significant Site MA (Fountain Bluff). Approximately 120 acres of the parcel occur as bottomland forest that is dominated by cottonwoods, sycamore, red maple, and willow, with a forested corridor along the river and much of the western boundary. The parcel also contains approximately 70 acres of former cropland that occurs in the center of the parcel, which includes planted bald cypress. This center portion of the parcel is seasonally flooded and contains approximately 25 acres of deepwater wetlands and river, three acres of open water wetlands, and 12 acres of shrub/scrub wetlands and swamp. Non-Federal Parcel # 3 (Pope County) The total area of Non-Federal Parcel # 3 is 80 acres, located on the Hidden Springs Ranger District, Shawnee National Forest in Pope County, Illinois. Non-Federal Parcel #3 is located in northwest Pope County, approximately 13 miles south of Harrisburg, and one mile west of Hartsville, Illinois. This parcel is a true inholding entirely surrounded by the Lusk Creek Wilderness. Little Lusk Creek cuts through the northwest corner of the parcel and occurs to the west, whereas East Fork of Little Lusk Creek runs to the south and 4 A cadastral survey of the property will be performed to determine the precise acreage. 3

8 east. The parcel lies between two Wild and Scenic River corridors, including Lusk Creek to the west and Big Grand Pierre Creek several miles to the east. The parcel is entirely forested, and maturing second-growth hardwoods, including oak, beech, and maple dominate the site. Some riparian vegetation exists in the northwest corner along Little Lusk Creek and the southern portion of the parcel contains some abandoned fluorspar mine activity and rock outcroppings. While some agricultural and developed lands occur on private land to the southeast, this parcel is part of a 10,000-acre contiguous forested track that is centered around the Lusk Creek Wilderness. Decision Framework Given the purpose and need, the deciding official (Forest Supervisor Hurston A. Nicholas) will review the proposed action and other alternatives to decide whether to implement the land exchange as proposed or with modifications. Alternatives Anticipated alternatives could include the following options. No Action Under the no-action alternative, no land exchange would take place. Proposed Action Under the proposed action, an existing Federal parcel would be exchanged for three non-federal parcels. Purchase Alternative Under the purchase alternative, the Forest Service would acquire the non-federal parcels by purchasing them with congressionally appropriated funds. The Federal Parcel would remain as land in the National Forest System. 4

9 Appendix A Maps Federal Parcel Gallatin County 6 Non-Federal Parcel # 1 (Pope County) 7 Non-Federal Parcel # 2 (Jackson County) 8 Non-Federal Parcel # 3 (Pope County) 9 5

10 Map 2. Federal Parcel Gallatin County 6

11 Map 3. Non-Federal Parcel # 1 (Pope County) 7

12 Map 4. Non-Federal Parcel # 2 (Jackson County) 8

13 Map 5. Non-Federal Parcel # 3 (Pope County) 9

14 This page left blank intentionally 10

15 Appendix B Legal Descriptions of Parcels Proposed for Exchange Federal Land Gallatin County Non-Federal Parcel # 1 Pope County Non-Federal Parcel # 2 Jackson County Non-Federal Parcel # 3 Pope County 11

16 Federal Land Gallatin County The following tracts of land being part of Township 10 South, Range 9 East, Third Principal Meridian, Gallatin County, Illinois, and being more particularly described as follows: Parcel 1: The East Half of the Southeast Quarter of Section 21, Township 10 South, Range 9 East. Parcel 2: The Southwest Quarter of the Southeast Quarter of Section 21, Township 10 South, Range 9 East. Parcel 3: The Northeast Quarter of the Northeast Quarter of Section 28, Township 10 South, Range 9 East. Parcel 4: That part of the Northwest Quarter of Section 27, Township 10 South, Range 9 East, lying North and East of the Saline River. Parcel 5: The West Half of the Northwest Quarter of the Northeast Quarter of Section 27, Township 10 South, Range 9 East. Parcel 6: That part of the Southwest Quarter of the Section 27, Township 10 South, Range 9 East, lying North and East of the Saline River. Parcel 7: The Southwest Quarter of the Northeast Quarter of Section 27, Township 10 South, Range 9 East. Said parcels subject to easements and rights of way, recorded, or otherwise. The total area of the Federal parcel is acres Non-Federal Parcel # 1 Pope County Owned in fee simple by American Land Holdings of Illinois, LLC, and further described as: Tract 1: The North part of the Southwest Quarter of the Northwest Quarter of Section 10, Township 13 South, Range 6 East of the Third Principal Meridian, containing 30 acres, more or less. The Southeast Quarter of the Northwest Quarter of Section 10, Township 13 South, Range 6 East of the Third Principal Meridian, containing 40 acres, more or less. The Northeast Quarter of the Southwest Quarter of Section 10, Township 13 South, Range 6 East of the Third Principal Meridian, containing 40 acres, more or less. The South half of the North half of the Northwest Quarter of Section 10, Township 13 South, Range 6 East of the Third Principal Meridian, containing 40 acres, more or less. The South half of the Northeast Quarter of Section 10, Township 13 South, Range 6 East of the Third Principal Meridian, containing 80 acres, more or less. The North half of the Southeast Quarter of Section 10, Township 13 south, Range 6 East of the Third Principal Meridian, containing 80 acres, more or less. 12

17 The North half of the Northwest Quarter of the Southwest Quarter of Section 10, Township 13 South, Range 6 East of the Third Principal Meridian, containing 20 acres, more or less. The South 10 acres of equal width off the Southwest Quarter of the Northwest Quarter of Section 10, Township 13 South, Range 6 East of the Third Principal Meridian. The Southeast Quarter of the Southeast Quarter of Section 9, Township 13 South, Range 6 East of the Third Principal Meridian, containing 40 acres, more or less. The Northeast Quarter of the Southeast Quarter, EXCEPT the West Seven and one-eight (7-1/8) acres thereof, of Section 9, Township 13 South, Range 6 East of the Third Principal Meridian, containing acres, more or less. Tract 2: A tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 11, Township 13 South, Range 6 East, of the Third Principal Meridian, Pope County, Illinois, lying West of Flick Branch and North of an existing Road containing 8.35 acres, more or less, is more described as follows: Beginning at a point 235 feet North of the Southwest corner of said Southwest Quarter of the Northwest Quarter of Section 11, and being on the West line of said Southwest Quarter of the Northwest Quarter of Section 11; thence Northerly, along the West line of said Southwest Quarter of the Northwest Quarter of Section 11, having a bearing North 00 degrees 14 minutes 31 seconds East for feet to the Northwest corner of said Southwest Quarter of the Northwest Quarter of Section 11; thence Easterly along the North line of said Southwest Quarter of the Northwest Quarter of Section 11 having a bearing North 88 degrees 15 minutes 36 seconds East for 515 feet to the middle of Flick Branch; thence Southwesterly along the middle (more or less) of said Flick Branch having a bearing South 18 degrees 04 minutes 32 seconds West for feet; thence continued along the middle of said Flick Branch, Southerly, having a bearing South 02 degrees 34 minutes 23 seconds West for feet to the center (more or less) of an existing road; thence Westerly, along said existing road, having a bearing South 83 degrees 27 minutes 22 seconds West for 161 feet; thence continued along said existing road, Southwesterly, having a bearing South 48 degrees 15 minutes 15 seconds for feet to the point of beginning, containing 8.35 acres, more or less. Tract 3: The Southwest Quarter of the Southwest Quarter of Section 10, the South half of the Northwest Quarter of the Southwest Quarter of Section 10, all in Township 13 South, Range 6 East of the Third Principal Meridian, containing 60 acres, more or less, situated in Pope County, Illinois. Except an undivided one half (1/2) interest in and to the coal, oil, gas and other minerals underlying said real estate, and all rights and easements in favor of said mineral rights. The total area of Non-Federal Parcel # 1 is acres 13

18 Non-Federal Parcel # 2 Jackson County Owned in fee simple by Matthew T. Piel and Connie R. Piel, husband and wife, and subject to a 36-month option to purchase held by American Land Holdings of Illinois, LLC, dated November 16, The property is described as: That part of the Northwest Quarter of Section 1, Township 10 South, Range 4 West of the Third Principal Meridian, Jackson County, Illinois, located West of the right of way of the Illinois Central Railroad; also Irregular Lot 2 being Subdivision of Survey 683 and Fractional Sections 35 and 36 in Township 9 South, Range 4 West of the Third Principal Meridian, Jackson County, Illinois. Beginning at the bank of the Mississippi River on the South line of Section 36 aforesaid; thence East along said line chains to the center of Duncan Hill Slough; thence Northward along the center of said Slough chains; thence North 71 degrees West Magnetic chains to a stone; thence South 21 degrees West chains to the bank of the Mississippi River; thence down and along and with the bank of said river to the place of beginning; also Irregular Lot 4 in Fractional Section 35 and Survey 683 in Township 9 South, Range 4 West of the Third Principal Meridian, Jackson County, Illinois. Beginning at the Northwest corner of Lot 2; thence South 31 degrees 15 minutes West-Magnetic Var. 6 degrees East chains; thence down and with the bank of the Mississippi River to the Southwest corner of said Lot 2; thence North 27 degrees East chains to the place of beginning; also Irregular Lot 5 in fractional Sections 35 and 36 and Survey 683 in Township 9 South, Range 4 West of the Third Principal Meridian, Jackson County, Illinois, beginning at the Northwest corner of Lot 4; thence North 65 degrees West Magnetic Var. 6 degrees East chains; thence South 31 degrees 15 minutes West, chains; thence down and with the bank of the Mississippi River to the Southwest corner of said Lot 4; thence North 31 degrees 15 minutes East chains to the place of beginning, except the Levee right of way; also The South part of Irregular Lot 6 in fractional Section 35, Township 9 South, Range 4 West of the Third Principal Meridian, Jackson County, Illinois, and Survey 683, more particularly described as follows: Beginning at the Southwest corner of Lot 5; thence North 31 degrees 15 minutes East 19 chains, 56 links to a stone at the Northwest corner of Lot 5; thence South 65 degrees East 12 chains to a stone in the road on the North line of Lot 5; thence on the center line of said road North 42 degrees 15 minutes West 12 chains 38 links; thence on the centerline of said road North 58 degrees 45 minutes West 9 chains; thence South 31 degrees 15 minutes West 2 chains 27.3 links; thence North 58 degrees 45 minutes West 1 chain to the West line of said irregular Lot 6 at a point 18 chains 20 links from the Northwest corner of said Lot 6; thence South 31 degrees 15 minutes West 21 chains 60 links to the bank of the Mississippi River; thence down said river to the place of beginning, said tract exclusive of the Degognia and Fountain Bluff Levee and Drainage District right of way. ALSO all that part of the Northeast Quarter of Section 2, Township 10 South, Range 4 West of the Third Principal Meridian, Jackson County, Illinois. EXCEPT that part falling within the railroad right of way; ALSO EXCEPT that part of the premises in question which constitutes levees; 14

19 ALSO EXCEPT that part conveyed by Warranty Deed from Gottlieb Miesner, a widower, to Degognia and Fountain Bluff Levee and Drainage District filed on April 5, 1945 in Record Book 153, Page 20. ALSO EXCEPT that part conveyed by Deed in Trust from Matthew T. Piel and Connie R. Piel to Willard V. Arbeiter and Ruth Ann Arbeiter, Co-Trustees of the Revocable Trust of Willard V. Arbeiter and Ruth Ann Arbeiter recorded in Book 2004 on page The total area of Non-Federal Parcel # 2 is estimated to be 270 acres, but a cadastral survey of the property will be necessary to accurately determine the acreage. Nonfederal Parcel # 3 Pope County Owned in fee simple by American Land Holdings of Illinois, LLC, and further described as: The East Half (E ½) of the Southwest Quarter (SW ¼) of Section Twenty-five (25), Township Eleven (11) South, Range Six (6) East of the Third Principal Meridian, situated in Pope County, Illinois. The total area of Non-Federal Parcel # 3 is 80 acres. 15