DECISION MEMO FOR WEST RHAME ROAD RECONSTRUCTION NATIONAL FOREST SYSTEM ROAD #7881 LOCATED IN SECTIONS 11, 12, AND 14, T133N, R04W SLOPE COUNTY

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1 DECISION MEMO FOR WEST RHAME ROAD RECONSTRUCTION NATIONAL FOREST SYSTEM ROAD #7881 LOCATED IN SECTIONS 11, 12, AND 14, T133N, R4W SLOPE COUNTY USDA FOREST SERVICE DAKOTA PRAIRIE GRASSLANDS LITTLE MISSOURI NATIONAL GRASSLAND MEDORA RANGER DISTRICT Responsible OfTicial: Willia O'Donnell, Grasslands Supervisor Dakota Prairie Grasslands 2 Miria Circle Bisarck,ND 5851 (71) For Further Inforation Contact: Tina Thornton, Realty Specialist Medora Ranger District 99 23rd Ave. West, Suite B Dickinson,ND 5861 (71) January 217

2 Project Overview The USDA Forest Service Medora Ranger District within the Dakota Prairie Grasslands (DPG) proposes to approve a road reconstruction project, subitted by Slope County, to reconstruction 1.5 iles of the West Rhae Road, also known as National Forest Syste Road (NFSR) The proposed project is located on National Forest Syste (NFS) land in Sections 11, 12, and 14, T133N, R14W, Slope County, North Dakota (Figure 1, Vicinity ap). Purpose and Need for Action This project responds to the Grasslands Plan objective to "provide reasonable access for use of the national grasslands" (LRMP page 1-7). There is a need to allow Slope County to reconstruct the West Rhae Road to provide a safe and efficient travel way across NFS lands. Proposed Action The West Rhae Road is currently authorized under two existing USDA public road easeents issued to Slope County, dated January 22, 1988 and April 1, The project will consist of reconstructing the roadway to provide a 32 foot wide finished driving surface. This will allow for two 12 foot driving lanes, one lane each direction, and a 4-foot shoulder on each side. The inslopes and backslopes of the typical roadway section will be constructed using 4:1 and 5:1 slopes respectively. The existing horizontal and vertical curve deficiencies will be corrected and sight distance iproved. Project iproveents ay also include stabilizing the subgrade. The road surface will be reoved and the salvaged gravel will be replaced along with 6 inches of new gravel surfacing. Existing culverts will be replaced with properly sized culverts to allow for creased flow. The entire West Rhae Road project is 9.3 iles long, of which 1.5 iles is located in NFS land with the reainder being located on private land. Disturbance on NFS land will aount to 6.5 acres with only.8 acres of this aount being new disturbance. Because 5.7 acres of disturbance is actually within the existing road teplate, this analysis considers the.8 acres of new disturbance in the context of the existing road and fits under FSH Chapter 3 CE category 32.2(3) Approval, odification, or continuation of inor special uses ofnfs lands that require less than five contiguous acres of land. All project disturbance will be within the original easeent right-of-way width to Slope County. The road, a school bus route, is a County Main Collector that provides access to U.S. Highway 12. The road needs to be reconstructed to provide a safer travel way for the public. The project will eet North Dakota Departent of Transportation (NDDOT) and Slope County road design standards (Figure 2, Project ap). The proposed project lies within Manageent Area 6.1 "Rangeland with Broad Resource Ephasis." Manageent area direction and Grasslands-wide direction for infrastructure are: Allow wheeled otorized vehicle use on existing roads and trail. Perfor site specific roads analysis, including public involveent, prior to aking any decision on road construction, reconstruction and decoissioning. West Rhae Road is an existing road and currently authorized under two USDA public road easeent grants by the Forest Service to Slope County. Because the road is under county jurisdiction, this project does not require a Forest Service transportation plan. Scoping and Public Involveent A scoping letter for the project was sent to 1 8 individuals, groups, and agencies on Deceber 15, 215 by Brosz Engineering, who is the engineering fir contracted by Slope County to coplete the environental analysis and other requu-eents on the entire project. The period for public coent was 3 days. There were five responses to this public scoping inquiry. Page 2 of 6

3 North Dakota Departent of Health within the Environental Health Division said "The departent believes that environental ipacts fro the proposed project will be inor and can be controlled by proper construction ethods. These ethods include: "Take necessary easures to iniize fugitive dust eissions. Take steps to iniize degradation to waterways and to use caution to prevent spills of oil and grease that ay reach the receiving water fro equipent aintenance and/or handling of fuels during the project ipleentation. Follow guidelines for iniizing environental degradation related to construction activities by preventing erosion, iniizing ipacts to surface waters, and using proper fill aterials. If necessary, acquire a perit to discharge stor water runoff until the site is stabilized and to check to insure all local stor water anageent considerations area addressed. Miniize noise levels during construction by equipping construction vehicles with ufflers and ensuring construction activities are not conducted during early orning or late evening hours." North Dakota State Water Coission indicted that are no floodplains identified and/or apped where the project is located. No floodplain perits are necessary relative to the National Flood Insurance Progra. All waste aterial associated with the project ust be disposed of properly and not placed in identified floodway areas and ensure all local state and federal perits and easeents are acquired. North Dakota Geological Survey (NDGS) stated no fossil sites have been identified within the project area. The NDGS stated Paleocene rocks occur at or near the surface in Slope County. The NDGS suggested a paleontologist exaine the project area for ipact to fossils. The Forest Service Paleo specialist reviewed the project and deterined no paleo survey was required. The Natural Resource Conservation Service stated the project is exept fro the Farland Protection Policy Act and no further action is requu-ed and recoend that Ipacts to wetlands be avoided. The project does not ipact any wetlands. Southwest Water Authority stated it has water pipelines that ay be ipacted by the proposed road iproveents. No pipeles on NFS land need to be relocated; however, in one area on private land, a portion of the pipeline will need to be relocated. Forest Service internal coents consisted of: Appropriate erosion control will be installed where needed. Disturbed ground will be seeded with Forest Service native seed ixture #13. Take easures to reduce the spread of noxious weeds. Clean equipent before entering and when leaving the project area. Treat any occurrence of noxious weeds on an annual basis. Protect section and quarter corners during construction. Ensure county adheres to any fire restrictions in place at the tie of construction. Protect existing utilities within the construction area. North Dakota One Call is required before construction begins. All of the above concerns received both fro the public and within the Forest Service, are addressed in the Forest Road Design Plan Stipulations. Decision I have, as the responsible official, the authority to approve, reject, or odify the proposal. In the course of aking y decision, I considered the DPG LRMP and inforation provided by the Forest Service specialists as well as public and agency coents. I have decided to approve the road reconstruction project as proposed by Slope County. As part of y decision, I a also requiring the following actions: Page 3 of 6

4 A prework eeting includg Slope County, the Forest Service, and construction contractors will be required before reconstruction activity begins. All reconstruction activity will reain with the existing USDA public road easeents right-ofway width, which is 75 feet on either side of the road's centerline. No ground disturbance outside the right-of-way width is allowed. Coplete a One Call to verify and protect locations of any utilities within the project area. A telephone line special use perit issued to Consolidated Teleco is located near or within the project area. Protect any existing utilities and/or facilities within the project area including range fences. Keep disturbance to a iniu to reduce ipacts to native vegetation and spreading of invasive species. Protect existing section and quarter coer onuents. If any sensitive or watch plants, archaeological resources, or fossils are found during construction, the site(s) will be protected and the Forest Service notified. Clean vehicles and equipent used prior to entering and leaving the project area and reove all seeds and plant parts. Utilize the approved Forest Service Native seed ixture #13 for all disturbed areas. Road Design Plans will be approved by the Forest Service prior to construction. My decision was also based on the following points, deterined by Forest Service specialists. Archaeology: No ipact to archaeological or paleontological sites will occur. Botany: Although the project ay ipact potential habitat for seven sensitive plant species, no known populations will be ipacted and the project is not likely contribute to a trend toward federal listing or cause a loss of viability. Wildlife: Two sensitive wildlife species ay be ipacted, but there is no threat to population viability. See below for ore inforation. Reasons for Categorical Exclusion The Forest Service Envu-onental Policy and Procedures Handbook (199.15, Chapter 3) provides that a proposed action ay be categorically excluded fro further analysis and docuentation in an environental ipact stateent (EIS) or environental assessent (EA) only if there are no significant effects to extraordinary circustances related to the proposed action and if: The proposed action is within one of the categories in the Departent of Agriculture (USDA) NEPA policies and procedures in Title 7 Code Of Federal Regulations Part Ib (7 CFR Part Ib), or The proposed action is within a category listed in 36 CFR 22.6(d) or (e). This project falls under 36 CFR 22.6(e)(3): Approval, odification, or contiiation of inor special uses of National Forest Syste lands that require less than five contiguous acres of land. Ill review of this project, a test for extraordinary circustances was conducted that included conclusions on the following resources: Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat or Forest Service sensitive species Wildlife Threatened and Endangered Species: Northern long-eared bat: The proposed project will reove two trees but will not disturb habitat for the northern long-eared bat. Therefore, there will be NO EFFECT to the species. Dakota Skipper: The project does not occur in counties where this species has been identified in North Dakota; therefore, the project will have NO EFFECT on the Dakota skipper. Page 4 of 6

5 Dakota Skipper proposed critical habitat: The project area does not occur in counties where proposed critical habitat for the Dakota skipper occurs, and, therefore, has NO EFFECT. The project will have no effect on the other potential threatened and endangered wildlife species, including the black footed ferret, gray wolf, and whooping crane, of the Little Missouri National Grassland due to a lack of the species or habitat in the Slope County project area. In ters of Forest Service designated sensitive species, the wildlife biologist deterined the proposed action "ay ipact" individual sensitive species or habitat for the Sprague's pipit and Baird's sparrow but would not likely lead to a trend toward federal listing or cause a loss of viability. The project ay proceed with no itigation easures. Plant Threatened and Endangered Species: There are no federally listed threatened, endangered, or proposed plant species in the project area. There is also no designated critical habitat for plant species In the project area. Therefore, there will be no effects to any threatened or endangered plant species. In addition, there are no plant species proposed for federal listing nor is there any proposed critical habitat associated with the proposed project area. In ters of Forest Service designated sensitive species, the Forest Service botanist deterined the proposed action "ay ipact" individual sensitive species or habitat of the Dakota Buckwheat, Missouri pincushion cactus, alyssu-leaved phlox, lance leaf cottonwood, alkali sacaton, Easter Daisy and Hooker's townsendia but would not likely lead to a trend toward federal listing or cause a loss of viability. The project ay proceed. Flood plains, wetlands, OF unicipal watershed The road reconstruction is not located a flood plain, wetland, or unicipal watershed on NFS land. Congressionally designated areas, such as wilderness, wuderness stwty areas, or National Recreation Areas - This project area Is not proposed for wilderness designation under the Dakota Prairie Grasslands Land and Resource Manageent Plan nor does it lie In IVfanageent Area (MA) 1.2A Suitable for Wilderness. Inventoried RoadUss Areas - This project is not within an inventoried roadless area. Research Naturai Areas - No research natural area, existing or noinated, lies in the vicinity of this proposal. Aerican Indians and Alaska Native religious or cultural sites - No Aerican Indian religious or cultural sites have been identified in the project area. The Forest Service archaeologist has cleared the project to proceed. Archaeological sifes, or historic properties or areas - A cultural resource survey was copleted for the project area. The Forest Service archaeologist has reviewed the survey and two previously recorded sites within the project were found, however, both of the sites have been officially deterined not eligible for the National Register of Historic Places. As such, no further work or avoidance is required. The project ay proceed. Based on our analysis of the proposed action, I have deterined that the proposed project fulfills the requireents for 36 CFR 22.6(b). There are no conditions present that ay have a potentially significant effect on extraordinary circustances. Applicable Laws and Regulations The proposed telephone line project is consistent with the Goals, Objectives, and Manageent Standards ofthedpglrmp. The proposed project is consistent with the National Historic Preservation Act of 1966, as aended in A previous cultural resource survey was copleted and reviewed by the Forest Service Page 5 of 6

6 archeologist. Results indicated there were no adverse effects to the historical cultural resources of the area. The proposed actions are consistent with the Endangered Species Act of The Forest Service botanist and wildlife biologist reviewed biological evaluations for the proposed project area, which considered potential ipacts on threatened, endangered or proposed plant and wildlife species and their habitats. Both of these specialists concur that there will be no effects to federally listed species. ]V[igratory Bird Treaty Act: On January 1, 21, President Clinton signed an Executive Order outlining responsibilities of federal agencies to protect igratory birds. Upon review of the inforation regarding neotropical igratory birds and the scope of the project, the Forest Service wildlife biologist deterined that no significant loss of igratory bird habitat is expected fro ipleentation of this project. The proposal is consistent with the Clean Water Act of 1972, as aended in 1977 and Direction provided in Forest Service Handbook will be used to ipleent applicable portions of the Clean Water Act for this proposal. Executive Order 12898, issued in 1994, ordered federal agencies to identify and address the issues of environental justice (i.e. adverse huan health and environental effects of agency progras that disproportionately ipact inority and low incoe populations). This proposal would have no effect on inority or low-incoe populations. The environental justice analysis is located in the project file. Adinistrative Review and Ipleentation This project is not subject to adinistrative review and ay beg iediately. Contact Person(s) For additional inforation, please contact District Ranger Shannon Boeh or Realty Specialist Tina Thoton by letter at Medora Ranger District, 99 23rd Ave. West, Suite B, Dickinson, ND 5861, or by telephone (71) j> T< /.."v-- _3 j J i-- /?- WILLIAM P. O'DONNELL, DATE Grasslands Supervisor USDA NON-DISCRIMI NATION POLICY STATEMENT: PR 43.3 USDA Equal ODDOrtutv Public Notification Policy (June 2, 215) In accordance with Federal civil rights law and U. S. Departent of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and eployees, and institutions participating in or adinistering USDA progras are prohibited fro discriinating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, arital status, faity/parental status, incoe derived fro a public assistance progra, political beliefs, or reprisal or retaliation for prior civil rights activity, in any progra or activity conducted or funded by USDA (not alt bases apply to all progras). Reedies and coplaint filing deadlines vary by progra or incident. Persons with disabitities who require alternative eans of counication for progra inforation (e.g.. Braille, large print, audiotape. Aerican Sign Language, etc.) should contact the responsible Agency or USDA 's TARGET Center at (22) (voice and TTY) or contact USDA through the Federal Relay Service at (8) Additionally, progra inforation ay be ade available in languages other than English. To file a progra discriination coplaint, coplete the USDA Progra Discriination Coplaint For, AD-327, found online at and at any USDA office or write a letter addressed to USDA and provide in the letter all of the inforation requested in the for. To request a copy of the coplaint for, call (866) Subit your copleted for or letter to USDA by: (1) ail: U.S. Departent of Agriculture, Office of the Assistant Secretary for Civil Rights, 14 Independence Avenue, SW, Washington, D.C ; (2) fax: (22) ; or (3) eail: progra.intake@usda.gov. USDA is an equal opportunity provider, eployer and lender. Page 6 of 6

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