DECISION MEMO WEST RIVER COOPERATIVE TELEPHONE COMPANY BURIED FIBER OPTIC CABLE PROJECT

Transcription

1 DECISION MEMO WEST RIVER COOPERATIVE TELEPHONE COMPANY BURIED FIBER OPTIC CABLE PROJECT USDA, FOREST SERVICE GRAND RIVER NATIONAL GRASSLAND GRAND RIVER RANGER DISTRICT INTRODUCTION: West River Cooperative Telephone Company (WRCTC) provides telecommunications services to a large area of western South Dakota. They currently have a Special Use Permit: for telecommunication cables on the Grand River National Grassland. They are now requesting authorization to construct a fiber optic line approximately 2,640 feet in length in N1/2NE1/4 Section 25, T19N, R14E to improve the quality of service to this area. DECISION: It is my decision to allow WRCTC to bury a fiber optic line approximately 5 feet from the existing copper line in N1/2NE1/4 Section 25, T19N, R14E on the Grand River National Grassland. Rationale and justification for this decision are summarized below. THE PURPOSE AND NEED FOR ACTION: The Proposed Action is designed in consideration of the goals, objectives, standards, and management area direction of the Dakota Prairie Grasslands Land and Resource Management Plan. The Purpose for this action is to provide telecommunications services to this area and increasing the speed and reliability through buried fiber optic lines that will improve their service. PROPOSED ACTION: The Forest Service is proposing to authorize WRCTC to bury fiber optic cable in N1/2NE1/4 Section 25, T19N, R14E. This authorization will be through an Amendment to their existing Special Use Permit. The use of NFS lands for the cable is subject to the terms and conditions specified in the Special Use Permit. / The Special Use Permit and the proposed action will comply with all Dakota Prairie Grasslands Land and Resource Management Plan standards and guidelines. Compliance with other applicable law, regulation, and policy is summarized later in this document. SCOPING: A scoping letter was mailed on July 8, 2015 to individuals and organizations that have expressed interest in projects occurring on the Grand River Ranger District. Internal scoping with Forest Service archaeologist, hydrologist, and biologist also occurred. No public comments were received on the proposed action.

2 ysd^ SPECIFIC DETAILS AND RATIONALE FOR MY DECISION Implementation Methods: Implementation of the actions in this decision would meet the purpose and need, as described previously. As there were no issues or concerns raised during scoping and no extraordinary circumstances identified that would require documentation of the proposed action in an EA or EIS, the actions associated with this decision can be implemented upon the signing of this Decision Memo. Duration of Activities: This is an Amendment to the current Special Use Permit which expkes on December 31,2025. Cultural Resources: No cultural resources were identified in the proposed project area. The area is considered to have low potential for sites. Soil and Water: The proposed fiber optic line will cross a stream. Design features, including boring underneath the stream, are prescribed to avoid impacts to the stream. Therefore there are no significant soil or water resource concerns regarding this project. Wildlife Threatened^ Endangered, and Sensitive Species: This project will have NO EFFECT on Federally listed species and NO IMPACT on sensitive wildlife species because this area does not provide habitat for TES wildlife species. Proposed, Threatened, Endangered and Sensitive Plants: This project will have NO EFFECT on any Proposed, Threatened, Endangered, or Sensitive plant species known to occur on the Grand River National Grassland because the area of impact for this project has ah'eady been disturbed by previous actions. Design Features: It is recommended that construction take place during the 2015 fall season. If construction is delayed until spring 2016, additional conservation measures for breeding birds will need to be implemented. When crossing the stream located on this parcel, cables must be bored underneath the riparian area so there is no disturbance of sediment or vegetation. To prevent the spread of invasive species, all equipment will be free of dirt or plant parts and be inspected by the Forest Service prior to being transported to National Forest System lands. REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION It is my determination that this action may be categorically excluded from documentation in an environmental impact statement (EIS) or environmental assessment (EA) as described in Forest Service National Environmental Policy Act Handbook FSH The applicable category of action is identified as "Additional construction or reconstruction of existing telephone or utility lines in a designated corridor." (36 CFR 220.6(e)(2). I find that there are no extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist:

3 I ederally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. As described above, the proposed action would have No Effect on Federally listed species and No Impact on sensitive species due to the fact that the area of impact has been disturbed previously.. Flood plains, wetlands, or municipal watershed. The Forest Service Hydrologist reviewed the proposed action in regard to floodplains, wetlands, and municipal watersheds. Water quality, flood plains, and wetlands will be protected during the construction of the new line by following the mitigations listed above under Design Features. Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas. The proposed action is not located within a congressionally designated area such as wilderness, wilderness study area, or National Recreation Area or in any area under consideration by Congress for wilderness designation. Inventoried roadless areas or potential wilderness areas. The project is not located in or adjacent to an inventoried roadless area (IRA) or potential wilderness area. Research natural area. The proposed action is not located in or adjacent to a research natural area. American Indians and Alaska Native religious or cultural sites. The proposed action was reviewed by the FS archaeologist who determined it would not affect these types of sites. Archaeological sites, or historic properties or areas. The areas were reviewed by the Forest Service archaeologist who determined the project would not have effects on archaeological sites or historic properties. FINDINGS REQUIRED BY OTHER LAW AND REGULATIONS This decision is consistent with the Goals, Objectives, and Management Standards of the Dakota Prairie Grasslands Land and Resource Management Plan as described for Management Area Rangeland with Broad Resource Emphasis. The laws,, regulations, and policies applicable to this decision include the Federal Land Policy and Management Act of 1976 and the National Environmental Policy Act of 1969 (and their amendments). It also complies with the following: Endangered Species Act of 1973, as amended. As described above, this decision complies with the Endangered Species Act, and specifically with Section 7 of this Act, in that potential effects of the proposed action on listed species have been analyzed and documented.

4 National Historic Preservation Act of 1966, as amended. Requirements for survey and evaluations under Section 106 of the National Historic Preservation Act have been met. for all undertakings listed under this proposed action. No historic properties were identified in the proposed project area. Therefore this project can proceed with no effects to historic properties or cultural resources. Clean Water Act. This decision complies with the Clean Water Act in that no impaired water bodies will be affected. Environmental Justice - The proposed action was assessed to determine whether it would disproportionately impact minority or low income populations, in accordance with Executive Order No impacts to minority or low income populations were identified during scoping or the effects assessment. Migratory Bird Treaty Act - There are no known effects to migratory bird populations expected from the implementation of this action if construction takes place in fall Additional conservation measures will be implemented if construction is delayed until spring/summer 2016 to avoid negative impacts to breeding birds. The Clean Air Act - Because the project does not include burning or other activities that may impact air quality, this project is consistent with the Clean Air Act. ADMINISTRATIVE REVffiW AND IMPLEMENTATION DATE On January 17, 2014, the President signed in to law the Consolidated Appropriations Act of 2014 (Pub. L. No ). Section 431 of that Act directs that the 1992 and 2012 legislation 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 in to 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 pre-decisional objection process established in the Consolidated Appropriation Act of 2012 shall not be applicable to categorically excluded projects or activieies. 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. Implementation of this project may begin immediately.

5 CONTACT For additional information concerning this decision, please contact: Mary Haase, Resource Assistant, Grand River Ranger District, th Ave. West, PO Box 390, Lemmon, SD 57638, r\ r\. 1. / /; k- )^uli / V ^ Z^-^ _^^7^ DENNIS D. NEITZKE" ( ^~> ' ' 'Date Grasslands Supervisor, Dakota Prairie Grasslands 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., Bryille, 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 filine 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: I. 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.

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