Decision Notice and Finding of No Significant Impact for the Arizona Interconnection Project Access Roads Permitting EA

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1 Background Decision Notice and Finding of No Significant Impact for the Arizona Interconnection Project Access Roads Permitting EA USDA Forest Service Black Range, Quemado, and Reserve Ranger Districts Gila National Forest Catron and Sierra Counties, New Mexico The El Paso Electric Company applied to both the Bureau of Land Management (BLM) and the USDA Forest Service to allow permanent access routes for maintenance and operation of their facilities. Also, El Paso Electric applied for a reissuance of their USDA Forest Service special use permit, due to expire in December The reissuance would cover existing facilities and requested access routes and maintenance operations described in the proposed action. The Bureau of Land Management, Socorro Field Office, is the lead agency for this project. The USDA Forest Service, Gila National Forest, is a cooperating agency on the environmental analysis for this project (NEPA number: DOI-BLM-NM-A EA). Although one Environmental Analysis was completed under the National Environmental Policy Act (NEPA), as an affected land management agency, the Gila National Forest must issue a separate Decision Notice and Finding of No Significant Impact for the portion of the project that crosses Forest Service lands. Introduction The decision to construct the Arizona Interconnection transmission line was signed in 1988 by both the Bureau of Land Management and USDA Forest Service. The transmission line contains 1,163 structures and extends 213 miles from the Luna Substation near Deming, NM to the Springerville Switchyard near Springerville, AZ. The transmission line crosses private, state, Bureau of Land Management, and USDA Forest Service lands. The transmission line extends across portions of the Quemado, Reserve, and Black Range Ranger Districts on the Gila National Forest, encompassing 267 structures and approximately 58 miles of transmission corridor. The grants and special use permit issued for the transmission line, authorized temporary use of public lands to construct temporary access roads that were used during construction. Upon completion of construction activities, these roads were rehabilitated. Currently, El Paso Electric consults with the Forest Service each time maintenance needs arise. A request is submitted with a specific plan of action and access needs. The Forest circulates the description of the location and work to a wide-range of specialists to identify potential affected resources and provide design criteria to avoid or minimize affects. With an aging system, maintenance and access requests are becoming more frequent and the process time for requests and approvals can be lengthy depending on the work description, can cause delays in maintenance work, and may incur additional expenses on the part of El Paso Electric.

2 Arizona Interconnection Project The purpose of the project is to address the need for motorized access to the transmission line facilities and have resource clearance around the towers to conduct maintenance work without the time needed for submission of requests and agency time to provide approval to start work. The project would meet El Paso Electric's objectives of being able to implement maintenance and operation activities more efficiently, better avoid and minimize impacts to resources, and better meet their regulations for the reliability and safety standards. Decision and Reasons for the Decision Based upon my review of the Environmental Assessment, public comments, and Forest Plan direction, I have decided to implement the modified Proposed Action Alternative (EA Chapter 2). The EA documents the environmental analyses and conclusions upon which this decision is based (EA Chapter 4). This alternative provides El Paso Electric access on Forest Service lands through designated roads or crosscountry with motorized vehicles to project facilities; maintenance of designated roads; and the ability to establish work areas, 100-foot by 100-foot, to provide safe, level and stable ground surface from which to conduct facility maintenance. The project design features listed in Section Design Features of the EA, will be implemented through the terms and conditions when the Special Use Permit is reissued and incorporated into the Plan of Development for the operation and maintenance of the transmission line. The design features provide protection of sensitive surface resources and listed species on National Forest System lands and ensure compliance with the Forest Land Management Plan. Forest Roads identified as needed for access were designated and authorized under the Gila National Forest Travel Management Record of Decision (September 2013). Under this analysis and decision, the following changes would occur to the designated road system: Short segments of Forest Roads 4036 D, 4137 W, and 4143 W, totaling less than one mile, would be re-aligned to avoid and protect sensitive resources. The original road segments would be blocked, barricaded, or signed to prevent motorized travel on these segments. 1.6 miles of Forest Road between 4034 N and 4034 Q will change from open to all motorized uses to "open to administrative or written authorization use only". To maintain public access into this area, Forest Road 4034 R, which parallels , would be re-opened to all motorized uses The selected alternative best meets the objectives of El Paso Electric company and meets the goals of the Energy Policy Act of 2005, Executive Order (Actions to Expedite Energy Related Projects), Federal Energy Regulatory Commission (FERC) regulations, and the recent North American Electric Reliability Corporation (NERC) Reliability Standard FAC 003-1, as well as Forest Service policy and Gila National Forest Land Management Plan. Other Alternatives Considered In addition to the selected alternative, I considered the No Action alternative, which would continue to provide access and maintenance activities as described under the current special use permit. Access by roads to the right-of-way corridor has been designated under the Travel Management Rule decision (Sept. 2013), but the No Action would not address the identified resource issues associated with some of the forest roads. Although El Paso Electric would continue to be able to access and maintain their facilities, the No Action does not meet their objectives of efficiency and timeliness of performing those activities within the right-of-way. A comparison of the effects of the modified proposed action and No Action can be found in Chapter 4 of the environmental analysis document. 2

3 Decision Notice and Finding of No Significant Impact There were two other alternatives developed related to access and impacts to the Continental Divide National Scenic Trail. The location of the issue is strictly related to a portion of the Continental Divide Trail on the Bureau of Land Management lands and therefore are not considered within this decision. Public Involvement and Scoping This project was listed in the quarterly Schedule of Proposed Actions on April 2014 and updated every quarter. A letter describing the project and proposed action was mailed out for scoping on March 4, The Bureau of Land Management mailed the scoping package to 428 private land owners, local and county governments, state and federal agencies, and 15 tribes of New Mexico, Arizona, Texas, and Oklahoma. A scoping summary report was prepared of the public comments and can be found in Appendix A of the Environmental Assessment. Public scoping comments identified limiting maintenance disturbance areas and access routes to reduce impacts to biological resources such as habitat fragmentation, potential for invasive or noxious weeds, sensitive biological resources, and access to sensitive biological areas. To address these issues, the proposed action was modified and additional description provided to clarify the proposed activities. A 30-day comment period was held from July 27, 2016 to August 26, Two comments were received during the 30-day comment period. One comment expressed concern regarding potential impacts to their private land should the existing route be improved by El Paso Electric to access the powerline. The private land is situated outside the Forest boundary. The Bureau of Land Management and El Paso Electric have been reviewing the location of the private land and the access route of concern. The Bureau of Land Management will be corresponding with the landowner regarding their concern. The second comment was from The Hopi Tribe which requested consultation should any prehistoric sites be adversely affected by project activities. The Bureau of Land Management as the lead agency is in the process of consultation with the tribes listed in the EA. Finding of No Significant Impact After considering the context and intensity of the environmental effects described in the EA, I have determined that the action will not have a significant effect on the quality of the human environment as defined in the Council on Environmental Quality implementing regulations at 40 Code of Federal Regulations (CFR) Thus, an environmental impact statement will not be prepared. Our findings are based on the following: Context: The action is a site-specific action affecting National Forest System lands within the Gila National Forest. The action does not have international, national, region-wide or statewide importance. Effects are primarily limited to the locale of the project area. Listed species and designated critical habitat will not be significantly impacted. Intensity: The following discussion is organized following the 10 significance criteria described in the National Environmental Policy Act (NEPA) regulations at 40 CFR ) Impacts may be both beneficial and adverse. A significant effect may exist even if the Federal agency believes that on the balance the effects will be beneficial. Both beneficial and adverse effects and their significance were discussed for the alternatives considered in detail (see EA Chapter 4). None of the adverse effects were determined to be significant, singularly or in combination. Beneficial impacts were not used to minimize the severity of any adverse impacts. The beneficial effects of the action do not bias the finding of no significant environmental effects. In reaching the conclusion of no significant impacts, it is recognized this project is likely to 3

4 Arizona Interconnection Project have impacts, which are perceived as negative, as well as positive. This project will provide beneficial effects of ensuring reliability of electricity delivery and will meet associated mandatory Federal standards. Therefore, the need for action is highly beneficial. Adverse impacts to sensitive forest resources are either avoided or sufficiently minimized through the application of project design features to less than significant. 2) The degree to which the proposed action affects public health or safety. This action is not expected to present significant hazards to public health and safety. The scope of the action is limited to implementation of facilities maintenance and access that will have no effect on the health or safety of the public. 3) Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. There are no unique characteristics of the geographical area on the Forest that will be significantly affected by this decision. There are cultural resources within the project area that include both prehistoric sites, many associated with Mogollon occupations of the area, and historic sites, typically associated with ranching and transportation (i.e., roads). These cultural resources are not unique to the geographic area and are characteristic of those found across the Forest. There are no parklands, prime farmlands, or wild and scenic rivers within the analysis area. The transmission line crosses two inventoried roadless areas (IRAs). No permanent access routes are proposed at this time. If motorized vehicles are needed for maintenance, approval of access will be reviewed and authorized on a case by case basis. Maintenance will continue at current levels as authorized and will not affect the characteristics of the IRAs. 4) The degree to which the effects on the quality of the human environment are likely to be highly controversial. Analysis in Chapter 4 of the EA documents the potential environmental effects and none of the effects disclosed were found to be scientifically controversial. The analysis represents the judgment and expertise of resource management professionals who have applied their knowledge to similar projects in the past. The EA and project record demonstrate a review of relevant scientific information. The impacts of the selected action are documented and are not scientifically controversial within the context of NEPA. 5) The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. The Forest Service has experience implementing similar actions and activities on the Forest that the possible effects on the human environment are not uncertain or involve unknown risks. 6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration. This decision does not represent a precedent for future actions with significant effects, or a decision in principle about a future consideration. The environmental assessment is site-specific and its actions incorporate those practices and standards and guidelines outlined in the Forest Plan. Future actions will be evaluated through the NEPA process and will stand on their own as to environmental effects 4

5 Decision Notice and Finding of No Significant Impact and project feasibility. Activities associated with facilities maintenance and access have before on these and other Forests. 7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. No significant cumulative effects will result from this decision either individually or in concert with other past, present, or reasonably foreseeable actions implemented or planned in the area. The EA describes the anticipated cumulative effects for each of the affected resources in Chapter 4. 8) The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in the National Register of Historic Places or may cause loss or destruction of significant cultural or historical resources. Many "historic properties" (sites eligible for the National Register of Historic Places) are located within the project area. However, most will not be adversely affected, as identified routes and/or monitoring will avoid entire sites or sensitive areas therein. The project will cause "adverse effects" (per the National Historic Preservation Act) at a few sites. These impacts are associated with existing roads that can't be re-routed. In these instances, mitigations will be developed (per the 2017 Memorandum of Agreement among the Bureau of Land Management, Socorro Field Office; New Mexico State Historic Preservation Office; USDA Forest Service, Southwestern Regional Office; New Mexico State Land Office; and El Paso Electric Company: Regarding Resolution of Adverse Effects for the Arizona Interconnection Project Access Roads executed under NHP A Section 106), including mitigations such as data recovery, to address effects. 9) The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act. The Mexican gray wolf, narrow-headed gartersnake, and the Chiricahua leopard frog have the potential to be impacted by this project. Impacts would be minimized due to routine access occurring 1-2 times per year, irregular intervals for needed maintenance, and implementation of design features (Section of the EA) to reduce disturbance or potential impacts to listed species during maintenance operations. The U.S. Fish and Wildlife concurred with the determinations of the Biological Assessment for these species (Cons.# 02ENNM I-0072). 10) Whether the action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment. The project furthers the goals of the Energy Policy Act of 2005, Executive Order (Actions to Expedite Energy Related Projects), and the recent NERC Reliability Standard FAC 003-1, as well as Forest Service policy. Implementation of the selected alternative will not violate any Federal, state, or local law or requirements imposed for the protection of the environment, including but not limited to: Clean Water Act of Roadless Rule (36 CFR 294 Special Areas; Roadless Area Conservation; Final Rule) Clean Air Act, as amended in 1977 Endangered Species Act of 1973, as amended National Historic Preservation Act of 1966 Executive Order of January 2001 (Migratory Bird Treaty Act) In addition, the project is consistent with the Gila National Forest Land Management Plan, policies, and programs. 5

6 Arizona Interconnection Project Administrative Review and Objection Rights This decision was subject to objection pursuant to regulations at 3 6 CFR 218. One objection was filed (No ) to the Objection Reviewing Officer, but was set aside from review due to not meeting all of the requirements of 36 CFR 218.8(d). No other objections were filed. The objection review period has ended and the objection process set forth for administrative review for this project has concluded. In compliance with the Freedom of Information Act (FOIA), please be advised that all information provided with the objection and documents provided during other opportunities to comment are part of the public record and will be available for public inspection. This includes names and all contact information provided. Implementation This project has undergone the objection review process and now may be implemented immediately after signing the Final Decision Notice. A special use permit will be initiated immediately and will be issued upon completion of all required paperwork. Interested and affected parties will be notified of the availability of the decision. Contact For further information concerning the Arizona Interconnection Project, contact Lisa Mizuno at or by at lrnizuno@fs.fed.us during normal business hours. Approved by: ADAM MENDONCA Forest Supervisor Supervisor's Office Gila National Forest Date 6

7 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 filing cust.html 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. 7