Decision Memo Starkey Elk Handling Facility Water System Improvements

Transcription

1 Decision Memo Starkey Elk Handling Facility Water System Improvements USDA Forest Service Wallowa-Whitman National Forest La Grande Ranger District Union County, Oregon I. DECISION TO BE IMPLEMENTED A. Description of Decision This decision memo documents my decision to proceed with the Starkey Elk Handling Facility (EHF) Water System Improvements project. The Starkey Experimental Forest provides critical research for the Forest Service and other project partners. The existing water system at the Starkey Experimental Forest elk handling facility is deteriorating due to age and requires upgrades. This project will address the source water controls, primarily the pump house and wellhead. The work will involve the selective demolition of the existing valves, wellhead items, and the salvage of the existing 3000 gallon underground storage tank. The new pump house will be approximately 12 feet by 18 feet, with slab-on-grade foundation and stick built framing and structure. The structure will be designed and constructed according to State and local codes. The submersible pump and motor and controls shall remain in place, unless the operations on the contractor require it to be reinstalled. The new pump house will require a new or relocated underground power line, meter, and service that will be established with the utility company from a nearby transformer. A new meter, disconnect, conduit, and panel will be installed. The abandoned lines will be decommissioned (cut, capped and left in place), and the valves and piping installed to reconnect to the existing distribution system. The approximate size of the project area is about 100 feet by 100 feet of potential ground disturbance. The Starkey Experimental Forest Headquarters and elk handling facility are located within a fenced area of the Starkey Experimental Forest, approximately 25 miles west of La Grande. It is accessed from Forest Service Road 2120, approximately 1 mile off State Highway 244. The legal description is T 4S, R 34E, Section 11. It is located within the Lower Meadow Creek sub watershed ( ). The project area is in Management Area 16 (administrative facility) and Management Area 14 (Starkey Experimental Forest and Range) as described in the Wallowa- Whitman National Forest Land and Resource Management Plan. This project will be implemented in the summer/fall of II. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION 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 31.1 or In addition, for any activities proposed under the categories, there must be no extraordinary Decision Memo Starkey Elk Handling Facility Water System Improvements Page 1 of 6

2 circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. I have concluded that this decision is appropriately categorically excluded from documentation in an environmental impact statement or environmental assessment as it is a routine activity within a category of exclusion and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. My conclusion is based on information presented in this document and the entirety of the Record. A. Category of Exclusion This decision is within the category of exclusion in FSH , section 32.2 (3) that includes, the approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land. This decision is also within the category of exclusion in section (3) for the repair and maintenance of administrative sites. B. Relationship to Extraordinary Circumstances 1. Steep Slopes or Highly Erosive Soils - The project area and proposed activities occur on rolling to flat terrain (as validated by site visits and topographic map review), on soil types that are resistant to erosion. Given the lack of steep slopes, presence of resistant soil types and limited ground disturbance, the project will have no impact on steep slopes or highly erosive soils. 2. Threatened and Endangered Species or Their Critical Habitat - 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. In accordance with Section 7(c) of this Act, a list of the listed and proposed, threatened or endangered species that may be present in the project area was consulted. As required by this Act, potential effects of this decision on listed species have been analyzed. It was determined that this decision will have no effect on listed fish, plant or wildlife species or their critical habitats (See Specialist Review Sheet in project file). 3. 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. Decision Memo Starkey Elk Handling Facility Water System Improvements Page 2 of 6

3 The project is not located in or near floodplains. This has been validated by map and sitereview. This decision will 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 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 project is not located in or near wetlands. This has been validated by map and sitereview. This decision will not affect wetlands. Municipal Watersheds: Municipal watersheds are managed under multiple use prescriptions in land and resource management plans. There are no municipal watersheds in the project area. This decision will not affect municipal watersheds. 4. Congressionally Designated Areas - Wilderness: This decision does not affect Wilderness. The project is not in or near Wilderness. The closest Wilderness, North Fork John Day, is located about 10 miles south of the project area. This decision, with impacts limited to the immediate area of activity, will not affect the Wilderness Area. Wilderness Study Areas: There are no Wilderness Study Areas on the La Grande Ranger District. This decision will not affect Wilderness Study Areas. National Recreation Areas: The only National Recreation Area on the Forest is the Hells Canyon National Recreation Area (Plan FEIS, p. 4-81). The project is not located in or near this area. This decision will not affect the National Recreation Area. 5. Inventoried Roadless Areas and Potential Wilderness Areas - There are no inventoried roadless areas (RARE II or Forest Plan) in the decision area, and the area does not meet criteria for potential wilderness outlined in FSH This decision will not affect inventoried roadless areas or potential wilderness areas. 6. Research Natural Areas - There are no Research Natural Areas in the project area. This decision will not affect Research Natural Areas. 7. Native American Religious or Cultural Sites, Archaeological Sites, or Historic Properties or Areas - Decision Memo Starkey Elk Handling Facility Water System Improvements Page 3 of 6

4 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, or eligible for inclusion in the National Register. Section 106 of the National Historic Preservation Act also requires federal agencies to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. The Archaeological Resources Protection Act covers the discovery and protection of historic properties (prehistoric and historic) that are excavated or discovered in federal lands. It affords lawful protection of archaeological resources and sites that are on public and Indian lands. The Native American Graves Protection and Repatriation Act covers the discovery and protection of Native American human remains and objects that are excavated or discovered in federal 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. Surveys were conducted for Native American religious or cultural sites, archaeological sites, and historic properties on areas that may be affected by this decision. The cultural resources report is in the project record. A no properties affected determination was made. Consultation on this finding occurred with the State Historic Preservation Office (SHPO), and we got SHPO concurrence on July 23, The SHPO signature card is in the project record. Additionally, the Federal government has trust responsibilities to Tribes under a government-to-government relationship to insure that the Tribes reserved rights are protected. Consultation with tribes helps insure that these trust responsibilities are met. The Forest consulted with potentially affected tribes, the Confederated Tribes of the Umatilla Indian Reservation (CTUIR). This project was presented during the annual project of work meeting with the Tribes in February The cultural resources report for this project was sent to CTUIR on June 22, The intent of this consultation has been to remain informed about tribal concerns. No tribal concerns from CTUIR were identified for this project. No other extraordinary circumstances related to the project were identified. III. PUBLIC INVOLVEMENT This project was published in the Schedule of Proposed Actions (SOPA) in April The notice for the public comment period was published in the newspaper on May 21, No comments or expressions of interest were made on this project. IV. FINDINGS REQUIRED BY AND/OR RELATED TO OTHER LAWS AND REGULATIONS My decision will comply with all applicable laws and regulations. I have summarized some pertinent ones below. Forest Plan Consistency (National Forest Management Act) - This Act requires the development of long-range land and resource management plans (Plans). The Wallowa-Whitman National Forest Land and Resource Management Plan was approved in 1990, as required by this Act. It has since been amended several times. The amended plan provides for guidance for all natural Decision Memo Starkey Elk Handling Facility Water System Improvements Page 4 of 6

5 resource management activities. The Act requires all projects and activities be consistent with the Plan. The Plan has been reviewed in consideration of this project. This decision is responsive to guiding direction contained in the Plan, as summarized in Section I of this document. This decision is consistent with the standards and guidelines contained in the Plan. Endangered Species Act (ESA) - See Section II, Item B2 of this document. It was determined that this decision will have no effect on listed fish, plant or wildlife species or their critical habitats. (Specialist Review Sheet is in project file). The project and decision are consistent with the ESA. Sensitive Species (Forest Service Manual 2670) - This Manual direction requires analysis of potential impacts to sensitive species, those species for which the Regional Forester has identified population viability is a concern. Potential effects of this decision on sensitive species have been analyzed and documented in a Specialists review Sheet (See record). This decision will have no direct, indirect or cumilative effects to any PETS plant sepecies or their habitat. Clean Water Act (CWA) - This Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Best Management Practices. This decision incorporates Best Management Practices to ensure protection of soil and water resources consistent with the CWA. Wetlands (Executive Order 11990) - See Section II, Item B3 of this document. Floodplains (Executive Order 11988) - See Section II, Item B3 of this document. National Historic Preservation Act - See Section II, Item B7 of this document. Archaeological Resources Protection Act - See Section II, Item B7 of this document. Native American Graves Protection and Repatriation Act - See Section II, Item B7 of this document. Wild and Scenic Rivers Act - See Section II, Item B4 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 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. Decision Memo Starkey Elk Handling Facility Water System Improvements Page 5 of 6

6 V. ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITIES This decision is not subject to an administrative review or appeal pursuant 36 CFR (e)(1). VI. IMPLEMENTATION DATE This decision may be implemented immediately. VII. CONTACT PERSON Further information about this decision can be obtained from Jason Peterson during normal office hours (weekdays, 8:00 a.m. to 4:30 p.m.) at the La Grande Ranger District office (Address: 3502 Hwy 30, La Grande, OR 97850; Phone: ; Fax: VIII. SIGNATURE AND DATE _/s/ Bill Gambl Bill Gamble District Ranger La Grande Ranger District Wallowa-Whitman National Forest 7/30/2012 Date The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or familial status. (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 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-w, Whitten Building, 1400 Independence Ave. SW, Washington, DC or call (voice or TDD). USDA is an equal opportunity provider and employer. Decision Memo Starkey Elk Handling Facility Water System Improvements Page 6 of 6

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