DECISION MEMO Valley View (Alder Springs) Conservation Camp Special Use Permit

Transcription

1 ,,..--:==- DECISION MEMO Valley View (Alder Springs) Conservation Camp Special Use Permit Forest Service Mendocino National Forest, Grindstone Ranger District Glenn County, California I. Introduction The Valley View Conservation Camp facility, houses approximately 120 inmates with an estimated staff of 26. The area within the special use permit boundaries is approximately acres. The facility is shared with the California Department of Forestry (CDF). II. Purpose and Need The purpose of reissuing a 20 year special use permit is to authorize the continued operation and maintenance of the Department of Corrections adult conservation camp at Valley View. There is a need to reissue a special use permit because the current permit has expired. III. Project Location Valley View Conservation Camp is located on the Grindstone Ranger District of the Mendocino National Forest. It is approximately 10 air miles northwest from the city of Elk Creek. The legal description is T21N, R8W, S23-26, Glenn County, CA. IV. Decision to be Implemented My decision authorizes the issuance of a 20 year special use permit to the Department of Corrections for the continued operations and maintenance of the Valley View Conservation Camp facility. Although routine maintenance of existing facilities is permitted, the addition of new facilities or any ground disturbing activities will require the submission of project plans for review and is considered outside the scope of reissuing this permit. V. Management Area and Direction The proposed project is located in Management Area 6 (Alder). A management direction for this management area is to "avoid activities which would concentrate recreation use adjacent to Alder Springs Conservation Camp."(LRMP IV-104). This project meets this direction because the proposed action would not concentrate recreation use adjacent to the conservation camp; the proposed action is strictly to reissue a special use permit to the Department of Corrections. FINAL DECISION MEMO - Valley View Conservation Camp Special Use Permit - August 26, 2015 Page 1

2 -::-=-- VI. Reasons for Categorically Excluding the Decision Agency policy at 36 CFR 220.6(a) states, "A proposed action may be categorically excluded from further analysis and documentation in an environmental impact statement (EIS) or environmental assessment (EA) only if there are no extraordinary circumstances related to the proposed action and if: the proposed action is within one of the categories established by the Secretary at 7 CFR part lb.3 or the proposed action is listed in 36 CFR 220.6(d) and (e)". A. Category of Exclusion: My Decision falls under Categories of Actions for Which a Project or Case File and Decision Memo are Required. The following category applies to this project: Forest Service Handbook (FSH) , Chapter 30.15; "Issuance of a new special use authorization for a new term to replace an existing or expired special use authorization when the only changes are administrative, there are not changes to the authorized facilities or increases in the scope or intensity of authorized activities, and the applicant or holder is in full compliance with the terms and conditions of the special use authorization". A snynopsis of resource analysis and consequences follows, for resource conditions that are determined to be present or non present, as associated with my decision. 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. The 2015 wildlife analysis determined the following: Threatened or endangered species; o Reissuance of the special use permit does not cause any concerns to these species. Forest Service sensitive species; o Reissuance of the special use permit does not cause any concerns to these species. Management Indicator species; o Reissuance of the special use permit does not cause any concerns to these species. The 2015 botany analysis determined the following: Threatened or endangered plant species; o No impacts will occur to these species because there are no occurrences of these species in the vicinity of the conservation camp, nor is there suitable habitat. Forest Service sensitive species; o There are no occurrences of these species or fungus species in the vicinity of the conservation camp. o Reissuance of the permit will have no effect on any of these species. The 2014 fisheries analysis determined the following: Threatened or endangered fish species; FINAL DECISION MEMO - Valley View Conservation Camp Special Use Permit-August 26, 2015 Page2

3 ,,..-,,..:: o There are no expected effects to these species. Forest Service sensitive species; o There are no expected effects to these species. 2. Flood plains, wetlands and municipal watersheds: The conservation camp is not within flood plains or municipal watersheds. The conservation camp does not have a designated wetland near the facility. No wetlands appear to be within a mile of the conservation camp (Hydrology Analysis, 2015). 3. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas: The conservation camp is not located within these areas. 4. Inventoried roadless areas or potential wilderness areas: The conservation camp is not located within these areas. 5. Research natural areas: The conservation camp is not located within these areas. 6. American Indians and Alaska Native religious or cultural sites: No surface or resource disturbances will occur; therefore there is no potential effect to this resource (Screened Undertaking (Class B) per Appendix D of the Programmatic Agreement). 7. Archaeological sites, or historic properties or areas: No surface or resource disturbances will occur; therefore there is no potential effect to this resource (Screened Undertaking (Class B) per Appendix D of the Programmatic Agreement). "The mere presence of one or more of these 7 resource conditions does not preclude use of a categorical exclusion (CE). It is the existence of a cause-effect relationsh ~ p between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions that determine whether extraordinary circumstances exist. (36 CFR 220.6(b))." FINAL DECISION MEMO - Valley View Conservation Camp Special Use Permit-August 26, 2015 Page3

4 -::--:==:- B. Other Resource Considerations 1. Invasive Species: There would be no change in the amount or the location of areas susceptible to weed introduction because reissuance of the special use permit would not lead to increased ground disturbance or new transportation routes (Botany Analysis, 2015). 2. Survey and Manage (S&M) species: There are no known occurrences of any Survey and Manage species, or suitable habitat in the vicinity of the conservation camp. Therefore, there is no requirement for any special management or for conducting pre-disturbance or equivalent-effort surveys for Survey and Manage species (Botany Analysis, 2015). My conclusion is based on a review of the record that shows thorough consideration of the proposal using best available science. I find this categorical exclusion is appropriate in this situation, because there are no extraordinary circumstances that may significantly affect the environment, based on expert resource review conducted by the US Forest Service. Therefore, I find reissuance of the Valley View Conservation Camp Special Use Permit for a term of 20 years will result in no extraordinary circumstances. VII. Public Involvement Pre-Scoping (Early notification about the project to the public or interested parties) Reissuance of the 20 year special use f ermt for the Valley View Conservation Camp was listed in the Mendocino National Forest's 4 1 Quarter, 2014 Schedule of Proposed Actions (SOPA) dated July 1, No one responded to the SOPA listing. Scoping A Scoping Legal Notice was published in the Chico Enterprise Newspaper on December 4th' Following publication the Legal Notice was posted on the Mendocino National Forest website. No comments or letters were received regarding reissuing the permit. FINAL DECISION MEMO- Valley View Conservation Camp Special Use Permit-August 26, 2015 Page4

5 ,,,..-:==: VIII. Findings Required by Other Laws I have determined that this action will comply with all applicable laws and regulations. Summarized below are the pertinent laws and regulations. National Forest Management Act (NFMA) and Forest Plan Consistency: This decision is consistent with the Land and Resource Management Plan (LRMP) as required by NFMA. The LRMP has been reviewed in consideration of reissuing a permit and meets management direction as described in the LRMP for the Mendocino National Forest (IV-104). Endangered Species Act: There will be no effect on any threatened or endangered species and thereby complies with the Endangered Species Act of 1973 (2015 Wildlife and Botany Analysis; and 2014 Fisheries Analysis). Sensitive Species (Forest Service Manual 2670): There will be no loss of species viability or significant trends toward federal listing (2015 Wildlife and Botany Analysis; and 2014 Fisheries Analysis). Clean Water Act, wetlands (Executive Order 11990) and floodplains (Executive Order 11988): This project does not occur within floodplains or municipal watersheds. No wetlands occur within 1 mile of the conservation camp (Hydrology Analysis, 2015). National Historic Preservation Act (NHPA): No surface or resource disturbances will occur, therefore; reissuance of this permit fit a Category 2.3(f) under the Screened Undertaking (Class B) per Appendix D of the 2013 Regional Programmatic Agreement. National Environmental Policy Act (NEPA): This Act requires public involvement and consideration of potential environmental effects. The entirety of documentation for this decision supports compliance with this Act. IX. Implementation Date Reissuance of the 20 year special use permit will be in If at any time during the duration of this permit changes are made to the existing permit agreement a new issuance will be required. FINAL DECISION MEMO - Valley View Conservation Camp Special Use Permit - August 26, 2015 Page5

6 ,,,..-=-- Administrative Review My decision is not subject to appeal. On January 17, 2014, the President signed into law the Consolidated Appropriations Act of 2014 (Pub. L. No ). Section 431 of that Act directs that the 1992 and 2012 legisfation 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 (Farm Bill) (Pub. L. No ). Section 8006 of the 2014 Farm Bill repealed the Appeals Reform Act (ARA) (Pub. L. No ). The ARA's implementing regulation was 36 CFR 215. The 2014 Farm Bill also directs that the predecisional 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 will no longer offer notice, comment and appeal opportunities pursuant to 36 CFR 215 for categorically excluded projects. I. Contact Person For further information contact: Jeanette Williams, Mendocino National Forest, Grindstone Ranger District, 825 N. Humboldt Ave, Willows, CA (530) Ann D. Carlson Forest Supervisor rlate ' In accordance 1vith Federal civil rights law and U.S. Department 11(!\gricul!Ure () cifil rights regulations and policies, the, its Agencies, 1dfices, and emp/orees, and in.1 1itutions par!icipating in or administering pm grams are prohibited.fi'()jn discriminating based on race, color, national origin, religion, sex. gender identitv (including gender e:rprcssion), sexual orientation, disability, age, nwriral srat11s, famil.\'!parenta/ status, i11co111e deril'ed.fi'()/11 a public assiswnce program, political belie,[\". or reprisal or retalialion/i1r prior ci11il rights acti11ity, in any program or activity wnduued or.funded by (no/ all bases apply to all programs). Re111edies and complaint.filing deadlin es \'Cl/} by program or incident. Persons ll'ilh disabilities ll'ho require altemati1 e 111ea 11s qf'co nicmionforprog ra111 i1~f'o mw1ion (e.g., Brnille. /urge print. audiotape. American Sign Language, etc.) should conta1 t!he responsible!lg ency or 's TARGET C'f'nter at (202) (vo ice and 7TY) or co111l11 t USD1\ through th e Federal Rt!ay.5en i< e al (ROO) \dditionally, pmgrum i1!f'ornwtio11 may he mode arnilab!c in longuoges other than English. To.file o program discri111i11ati o11 co 11111lai11t. u1111plete the USD!\ Program Disl'ri111inatiu11 Complain! Form,!\D-3027Jo1111d on lin e al h!lp:// and at any office or write a letter addressed to and provide in the le/fer all of the information requested in the form. To request a copy of the complaint form, call (866) Submit your completed.form or leffer to by: ( 1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary.for Civil Rights, 1400 Independence Avenue, SW, Washington, D. C IO; (2) fax: (202) ; or ( 3) program.intake@usda.gov. USD!\ is an equal oppor111 11ity provider, employer and lender. FINAL DECISION MEMO - Valley View Conservation Camp Special Use Permit-August 26, 2015 Page6