KENTUCKY UTILITIES SPECIAL USE AUTHORIZATION AMENDMENT: MOUNT VICTORY TRANSMISSION TOWER REPLACEMENT DECISION MEMO

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1 UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE SOUTHERN REGION DANIEL BOONE NATIONAL FOREST KENTUCKY MARCH 2016 KENTUCKY UTILITIES SPECIAL USE AUTHORIZATION AMENDMENT: MOUNT VICTORY TRANSMISSION TOWER REPLACEMENT DECISION MEMO LATITUDE: 37⁰ LONGITUDE: 84⁰ LONDON RANGER DISTRICT PULASKI COUNTY, KENTUCKY For Information Contact: Tom Kean London Ranger District Daniel Boone National Forest 761 South Laurel Road London, Kentucky (606)

2 In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA s TARGET Center at (202) (voice and TTY) or contact USDA through the Federal Relay Service at (800) Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C ; (2) fax: (202) ; or (3) program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. 2

3 DECISION I have decided to amend the existing authorization to Kentucky Utilities to replace an electric power transmission tower located on National Forest System (NFS) lands in Pulaski County, Kentucky. The high voltage power transmission lines supported by this tower provide electric service to local rural communities. Refer to attached Project Area Map for specific project location. This action will involve some new ground disturbance for new construction. All construction will be in the existing cleared right-of-way and no trees will be disturbed. A new taller tower structure will be built, the old conductors will be attached to the new structure, and the old tower will be removed. Dozers, mechanical augers, and a crane will be used. The amended authorization will permit Kentucky Utilities to engage in normal maintenance of the permitted structures. Maintenance activities typically include line repairs after storm damage, periodic pole and line replacement, and service to transformers and other associated electrical equipment, using the same methods and equipment as described above. Routine maintenance includes pruning of encroaching tree limbs and mowing. Neither the length of the lines nor the area occupied by the original authorization will be changed. The length of the temporary access road into the new tower site will be less than 300, and the new tower will occupy a small area immediately east of the original tower (KU # 177). See Figure 1. Any material from the old tower will be removed from NFS land prior to completion of the project. The disturbed area will be regraded and planted with non-invasive ground cover species with suitable mulch and fertilizer. PURPOSE OF AND NEED FOR THE DECISION The purpose of and need for this project is to improve service and safety provided by this electric energy distribution infrastructure. The existing tower has been determined to be inadequate as to the height required for the high voltage lines that it supports. The project will continue to fulfill the desired future condition of providing adequate infrastructure as described in the 2004 Land and Resource Management Plan for the Daniel Boone National Forest (Forest Plan, p. 2-4). This decision is being implemented to make progress toward the Forest s goals for management, as described in the Forest Plan. Forest Plan goals and standards relevant to the project are summarized below: Goal 7- Provide a sustainable mix of desired uses, valued characteristics, and services to improve the long-term benefit to local communities and the public (Forest Plan, p. 2-15). Goal Special use authorization will go through the 36 CFR 251 screening process before making a decision to authorize the special use (Forest Plan, p. 2-18). Goal 16 - Improve the delivery of assistance to rural communities (Forest Plan, p. 2-19). DB-LAND-2 - Evaluate special use proposals/applications to determine if they are in the public interest (Forest Plan, p. 2-20). 3

4 Decision Memo for Figure 1. Location of the Mount Victory Transmission Tower Replacement 4

5 RATIONALE FOR CATEGORICAL EXCLUSION UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) Based on the analysis I have reviewed in the project file and the rationale described below, I have determined that there are no extraordinary circumstances from implementing the action as proposed. Because there are no extraordinary circumstances, the action would not have significant effects. I base my determination after consideration of the resource conditions discussed below (ag), and after considering the impact this action would have on climate change and non-native invasive species. The Chief of the Forest Service has determined, based on a history of implementing similar activities, that this type of action normally does not individually or cumulatively have a significant effect on the quality of the human environment and therefore, may be categorically excluded from documentation in an environmental impact statement or an environmental assessment. A proposed action may be categorically excluded from further analysis and documentation in an environmental impact statement or environmental assessment only if there are no extraordinary circumstances related to the proposed action and if: a) The proposed action is within one of the categories established by the Secretary at 7 CFR part 1b.3, or b) The proposed action is within a category listed in 36 CFR (d) and (e). The mere presence of one or more of the resource conditions considered does not preclude use of a categorical exclusion. It is the existence of a cause-effect relationship 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 determines whether extraordinary circumstances exist. I have determined that this action is within the following category: 36 CFR (e)(3) Approval, modification or continuation of minor special uses of NFS lands that require less than five contiguous acres of land. I have considered the following resource conditions in my determination of the presence of extraordinary circumstances and whether the extraordinary circumstances that are related to the proposed action warrant further analysis and documentation in an environmental assessment or an environmental impact statement: i. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species A Forest Service biologist evaluated the effects of this project on federally threatened and endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, and Forest Service sensitive species. There was a finding of no effect for all twenty-three (23) federally listed species identified as potentially occurring on 5

6 or adjacent to the Daniel Boone National Forest. There was a finding of no effect for all federally proposed threatened or endangered species and proposed and designated critical habitat. There was a finding of no impacts to all of the seventy-one (71) sensitive species. All construction will occur in existing cleared right-of-way and no trees will be disturbed as a result of this project. Additionally, there are no documented populations of PETS or RFSS within the proposed project area. Finally, there are no significant caves or rare communities located within the project area. ii. Flood plains, wetlands, or municipal watersheds There are no anticipated effects on floodplains. All work that may cause ground disturbance will be done along an existing ridge top road and will be designed and implemented in accordance with Best Management Practices. There will be no effect to wetlands or municipal watersheds because these resource conditions are not present within the project area. iii. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas There are no congressionally designated wildernesses, wilderness study areas, or national recreation areas within or near the project area. Therefore, this resource would not be affected by the proposed action. iv. Inventoried roadless areas or potential wilderness areas There are no inventoried roadless areas or potential wilderness areas within or near the project area. Therefore, this resource would not be affected by the proposed action. v. Research natural areas There are no research natural areas within or near this project. Therefore, this resource would not be affected by the proposed action. vi. American Indian and Alaska Native religious or cultural sites The District Archaeologist reviewed this project and determined that project activities will not result in adverse impacts to any known American Indian religious or Alaska Native religious or cultural sites. No religious or cultural sites have been identified within the area where the transmission tower will be replaced. vii. Archaeological sites, or historic properties or areas The District Archaeologist reviewed this project and determined that the replacement of the transmission tower by KY Utilities will not result in adverse impacts to known archaeological sites or historic areas. The replacement and continued use of the transmission tower will be within the existing, cleared power line, and no known sites have been identified in the area. The review of this project was documented in an Exempt Undertaking dated September 4,

7 SCOPING Internal scoping has been conducted resulting in no issues identified. This project first appeared in the January 2015 edition of the quarterly Schedule of Proposed Action and has been published in each subsequent edition until my decision was made. The Schedule of Proposed Actions is updated and made available to the public on a quarterly basis. FINDINGS REQUIRED BY OTHER LAWS Findings Required by Other Laws and Regulations FOREST PLAN CONSISTENCY (NATIONAL FOREST MANAGEMENT ACT) The actions are consistent with the Land and Resource Management Plan. The following paragraphs are my reasons for this finding: This action is consistent with the Forest-wide Goals, Objectives, and Standards: o Provide a sustainable mix of desired uses, valued characteristics, and services to improve the long-term benefit to local communities and the public (Goal 7, page 2-15). o Provide a road and trail network, buildings and other facilities that support the Forest s Desired Future Conditions (Goal 12, page 2-16). o Improve the delivery of assistance to rural communities (Goal 16, page 2-19). o Evaluate special-use proposals/applications to determine if they are in the public interest (DB-Land-2, page 2-20). o Resource management activities that may affect soil and/or water quality must follow applicable Kentucky Rules and Regulations for Water Quality Control and Kentucky s Best Management Practices for Forestry (BMPs) as a minimum to achieve soil and water quality objectives. When Forest Plan standards exceed Kentucky BMPs or water quality standards, Forest Plan standards shall take precedence (DB-VEG-27, page 2-27). The actions of this project are consistent with the Standards, Goals and Objectives for the Prescription Areas occupied under this Permit: o 1.K Habitat Diversity Emphasis: There are no specific Goals or Objectives addressed in the Forest Plan related to this type of activity. The project impacts will be to previously disturbed areas along existing utility corridors. ENDANGERED SPECIES ACT See the above section Rationale for Categorical Exclusion under NEPA and the discussion of A - Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species 7

8 SENSITIVE SPECIES (FOREST SERVICE MANUAL 2670) See the above section Rationale for Categorical Exclusion under NEPA and the discussion of a - Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species CLEAN WATER ACT This Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act by using Best Management Practices. This decision incorporates Best Management practices to ensure protections of soil and water resources. FLOODPLAINS (EXECUTIVE ORDER 11988) Flood plains are defined by E.O , as amended, lowland and relatively flat areas adjoining inland and coastal waters including flood prone areas or offshore island, including at a minimum, that area subject to a one percent or greater chance of flooding in any given year (Section 6.c). There are no anticipated effects on floodplains. There will be no new ground disturbing activities in areas considered floodplains. CLIMATE CHANGE (EXECUTIVE ORDER 13514) Effect of the project on climate change: Greenhouse gases in the form of carbon dioxide may be emitted from vehicles used to access the project area, or the equipment used to implement the project. It is not feasible to quantify the effects of this action on climate change and therefore determining significant effects of the actions cannot be made at any scale. Effect of climate change on the project: Amending the authorization for Kentucky Utilities infrastructure use on NFS lands would not expect to change or be impacted by climate change. NATIONAL HISTORIC PRESERVATION ACT, ARCHAEOLOGICAL RESOURCES PROTECTION ACT, NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT See the above section Rationale for Categorical Exclusion under NEPA and the discussion of F - American Indian and Alaska Native religious or cultural sites and G - Archaeological sites, or historic properties or areas. ENVIRONMENTAL JUSTICE (EXECUTIVE ORDER 12898) This Order requires consideration of whether projects would disproportionately impact minority or low-income populations. It has been determined that no minority or low-income populations will be disproportionately impacted from this project. INVASIVE SPECIES (EXECUTIVE ORDER 13112) This order requires the consideration of invasive species in actions taken by Federal agencies. To the extent practicable and lawful, agency actions should prevent the introduction of invasive species and provide for their control. Disturbed areas resulting from line repair and maintenance will be re-vegetated to native species. The timely re-vegetation will make the disturbed areas nonconducive for non-native invasive species establishment. The inadvertent introduction of nonnative species will be controlled by using seed free mulch where needed. 8

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10 NATIONAL ENVIRONMENTAL POLICY ACT This Act requires opportunity for public involvement and consideration and disclosure of potential environmental effects. The entirety of documentation for this decision supports compliance with this Act. ADMINISTRATIVE REVIEW AND IMPLEMENTATION This project is not subject to an administrative review. Implementation may begin immediately. CONTACT PERSON For questions or additional information related to this decision, contact Project Team Leader Tom Kean at or call (606) /s/ Bill Lorenz 3 / 10 / 16 BILL LORENZ DATE Forest Supervisor 9