Preliminary Decision Memo Recreation Residence Septic Repairs

Size: px
Start display at page:

Download "Preliminary Decision Memo Recreation Residence Septic Repairs"

Transcription

1 Preliminary Decision Memo 2014 Recreation Residence Septic Repairs USDA Forest Service McKenzie River Ranger District Willamette National Forest Lane County, Oregon T. 16 S., R. 5 E, Section 16 Willamette Principal Meridian Purpose and Need The purpose of this project is to authorize two cabin owners in the Delta A Recreation Residence Tract to bring their septic systems up to Lane County Code. These cabin owners have requested to replace existing systems with approved septic systems through permits issued by Lane County. The need for the project is to bring outdated septic systems up to current standards to protect natural resources. These cabins are currently under Special Use Permits authorizing the use and occupancy of a recreation residence on National Forest System lands for personal, noncommercial recreational use. This project is for a modification of permitted improvements with no change in the authorized facilities or increase in the scope or intensity of the activities. Proposed Action The proposal is to authorize two cabin owners to obtain Lane County Permits for the installation of a septic system to meet current county code. The lots are #13 at Delta Rd. and #27 at Delta Rd. located within the Delta A Recreation Residence Tract, T 16S., R 5E, Sec. 16 W.M. Each septic system will include a septic tank between 1000 and 1500 gallons, a drain field of approximately 30 X 75 and transmission lines from the cabin to the tank. This may result in relocating some existing water lines. This will disturb vegetation and trees less than 12 in diameter which will be removed and used for firewood. Both sites will be more than 150 from streams and rivers. The sites will be re-vegetated with native plants. Driveways and parking areas will be brought up to standard for emergency vehicle access. The septic system upgrades meet the regional policies and regulations guidelines in Special Uses Handbook, R6 Supplement , Chapter 40. PDM Recreation Residence Septic Repairs 1

2 Scoping and Public Involvement This proposed action is listed in the Spring-2014 edition of the Willamette National Forest s Schedule of Proposed Actions (SOPA) and can be accessed on the web at Scoping comments received from August 8, 2014 through September 8, 2014 would be most helpful in considering the final decision. Scoping comments may be mailed to: Terry Baker, District Ranger, McKenzie River RD, McKenzie Hwy, McKenzie Bridge, OR 97413; delivered in person to the District Office from 8:00 am 4:30 pm, M-F excluding legal holidays; or may be submitted electronically to: comments-pacificnorthwest-willamette-mckenzieriver@fs.fed.us. Names and addresses of those who comment will be considered part of the public record on this project and will available for public inspection. During internal scoping, McKenzie River Ranger District specialists raised no issues and found no effects in relation to implementing this proposed action. All supporting documentation is located in the project file. Categorical Exclusion Criteria 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 or 32.2, and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect. The specific category for this proposed action is found in Forest Service Handbook (FSH) , Chapter 30, Section 36 CFR 220.6(e) (3). This category: (3) Approval, modification or continuation of minor special uses of NFS lands that require less than five continuous acres of land. The table below evaluates whether there are extraordinary circumstances that would cause the proposed action to have significant environmental effects. Table 1: Management Allocations Extraordinary Circumstance to be Evaluated Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species Floodplains, wetlands, or municipal watersheds Congressionally designated areas such as wilderness, wilderness Present? Yes Is Proposed Action causing Significant Effect on this Resource? ne present All riparian areas will be protected. ne present PDM Recreation Residence Septic Repairs 2

3 Table 1: Management Allocations Extraordinary Circumstance to be Evaluated study areas or national recreation areas Inventoried Roadless Areas or potential wilderness areas Present? Is Proposed Action causing Significant Effect on this Resource? ne present Research Natural Areas ne present American Indians and Alaska Native religious or cultural sites Archaeological sites, or historic properties or areas Yes ne present The proposed action has no ground disturbing activities. This is an administrative action so no heritage resources would be affected by the issuing a new special use authorization. Any future ground disturbing activities will be reviewed by separate documents. Based on the information in the table above, I find that no extraordinary circumstances exist for the proposed action. Decision and Rationale for Decision Based on my review of the information presented in this document and the supporting documents in the project record, I have decided to implement the proposed action as described above. The action addresses the purpose for the project and the need to install Lane County approved septic systems. Through past experience and review of similar projects, I have concluded that this project is not a major Federal action. It will have limited context and intensity (40 CFR ), individually or cumulatively, to the biological, physical, social, or economic components of the human environment. It does not pose a violation of Federal, State, or local law requirements imposed for the protection of the environment. The action that I have selected falls within a category established by the Forest Service that normally does not individually or cumulatively have a significant effect on the quality of the human environment and no extraordinary circumstances exist that would cause the proposed action to have any significant environmental effects. Therefore this action is excluded from documentation in an environmental impact statement or environmental assessment, so neither will be prepared. Findings Required by Other Laws and Regulations I find that this decision complies with all laws, regulations and policies regarding issuing a new term Special Use Authorization after the current permit expires. The table below outlines the major laws, regulations and policies with respect to Special Use Administration and displays how this proposed action complies with those laws. PDM Recreation Residence Septic Repairs 3

4 Table 2: Compliance with Other Laws, Regulations, and Policies Year Enacted Title Summary How applied in this proposed action (PA) 1897 Organic Act This Law is the foundation for multiple use and Forest Service management of National Forest System Lands 1969 National Environmental Policy Act (NEPA) 1973 Endangered Species Act (ESA) 1976 National Forest Management Act (NFMA) 1915 Term Special Use Permit for Recreation Residences Creates the environmental impact statement (EIS) and environmental assessment (EA) as instruments of environmental policy. Requires public participation. Council on Environmental Quality regulations allow federal agencies to exclude certain categories of actions from documentation in EA or EIS. Provides broad protection for species of fish, wildlife and plants that are listed as threatened or endangered in the U.S. or elsewhere. Provisions are made for listing species, as well as for recovery plans and the designation of critical habitat for listed species. The Act outlines procedures for federal agencies to follow when taking actions that may jeopardize listed species, and contains exceptions and exemptions. Requires the Secretary of Agriculture to assess forest lands, develop a management program based on multipleuse, sustained-yield principles, and implement a resource management plan for each unit of the National Forest System. It is the primary statute governing the administration of national forests. Authorized to occupy a recreation residence on National Forest System lands for personal, noncommercial recreational use. Implementation of this PA follows direction in this law for the Forest Service to manage National Forest System Lands. Scoping was conducted as required by NEPA. This PA follows FSH Chapter 30 requirements for categorically excludable activities. The PA is in compliance with the Endangered Species Act. Applicable procedures were followed with respect to threatened and/or endangered species. This PA was developed in full compliance with NFMA via compliance with the Willamette National Forest Land and Resource Management Plan 1990, as amended. The PA follows appropriate standards and guidelines and management direction for the Management Allocations in the project area. This project is in compliance with the operation and maintenance of a recreation residence. Appeal Rights On January 17, 2014, the President signed into law the Consolidated Appropriations Act of 2014 (Pub. L ). Section 431 of that Act directs that the 1992 and 2012 legislation establishing the 36 CFR 215 (post-decisional appeals) and 36 CFR 218 (pre-decisional objections) processes shall not apply to any project or activity implementing a land and resource management plan that is categorically excluded.under the National Environmental Policy Act [NEPA]. On February 7, 2014, the President signed into law the Agricultural Act of 2014 PDM Recreation Residence Septic Repairs 4

5 (Farm Bill) (Pub. L ). Section 8006 of the 2014 Farm Bill repealed the Appeals Reform Act (ARA) (Pub. L ). The ARA s implementing regulation was 36 CFR 215. The 2014 Farm Bill also directs that the pre-decisional objection process established in the Consolidated Appropriation Act of 2012 shall not be applicable to categorically excluded projects or activities. As a result of these two statutes, the Forest Service no longer offers notice, comment and appeal opportunities pursuant to 36 CFR 215 for categorically excluded projects. This project is not subject to appeal. Implementation Date Plans are to implement this project beginning in October Contact Information For further information, please contact Denise Mercer, Special Use Administrator, at dmercer@fs.fed.us or (541) , at the McKenzie River Ranger District, McKenzie Hwy., McKenzie Bridge, OR Approved by: TERRY T BAKER Date District Ranger McKenzie River Ranger District 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. (t 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. PDM Recreation Residence Septic Repairs 5