T 43 N, R 18 W, Sections 32, 33 and T 42 N, R 18 W, Sections 3, 4, 5 State of Michigan

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1 DECISION MEMO Hiawatha Telephone Company Cable Installation USDA Forest Service, Eastern Region, Hiawatha National Forest Rapid River and Manistique Ranger District Delta County, Michigan T 43 N, R 18 W, Sections 32, 33 and T 42 N, R 18 W, Sections 3, 4, 5 State of Michigan I. DECISION A. Description of Decision My decision is to issue a special use permit to Hiawatha Telephone Company authorizing the burial of fiber optic cable on approximately 2.37 miles with less than three acres of disturbance on National Forest System lands. The cable will be buried entirely within the road (open and closed) right-of-way, within an existing utility corridor, or attached to existing power poles. The project area is approximately 15 miles northwest of Manistique, Michigan. From the Stevens Lake area along County Road N-3 south [National Forest System road (NFSR) 2224], east along NFSR 8136 (closed), south on 2218F (Gooseneck Lake Road) (some closed), north on 2218 to 2218G to the Gooseneck Lake area. Most of the cable will be buried using a tracked or large rubber tire cable plow that will trench, lay and bury the fiber optic cable at a depth of 36 inches in one operation. A towing machine may be used in hard packed soils to reduce tire spinning. A pack cat follows directly behind the plow, usually within an hour of disturbance, to restore the ground surface. When additional surface disturbance occurs, such as tracks spinning, ruts, large rock or root dragging, the area is back dragged with a back hoe or cat blade to restore the surface. On sloped areas mulch or non-channel erosion mats may be placed. No grading or tree cutting. Directional boring will be used at all waterways, concrete, and asphalt surfaces. No disturbance of root systems will occur in wetland areas and the bore is normally placed far enough away to prevent any sediment from the bore pit from getting into the stream. Minimum depths of 36 inches are maintained. Pits 12 square feet are dug on each end to pull the cable through. The pits are refilled with the removed soil. Near ditches or waterways ditch checks or silt fences may be used to reduce erosion and sedimentation. In the rare case of bentonite slurry escape, the bentonite would be cleaned up immediately. The Forest Service would be notified if a large amount of bentonite escaped. Bucket trucks and ladders will place aerial fiber on existing telephone poles along 700 feet or 0.13 miles.

2 Map 1

3 Map 2 Requirements: 1. Clean equipment of soil, seeds, and any plant materials prior to its use on National Forest lands. 2. For equipment staging areas (storing equipment or unloading), avoid using areas that are currently infested with non-native plants in order to reduce seeds and plant materials from being picked up and moved. 3. Minimize the length of time that bare ground is exposed. Re-seed/re-vegetate bare ground as quickly as possible. 4. Seed upland disturbed soils with a native seed mix [Hiawatha National Forest (HNF) genetic zonegenotype] suitable for upland sandy pine habitat. 5. In areas next to Fishdam River seed any disturbed soils with a suitable wetland species mix, using native seed genotypes from HNF. 6. Use annual rye or oats in conjunction with native seed. Rye and/or oats will germinate quickly and provide quick ground cover. 7. Do not mulch any site that is seeded with native seed, because native seed will not germinate under mulch. If mulch material is needed to prevent erosion, use straw and do not seed natives at this time; only seed with annual rye or oats. 8. Do not use hay for mulch material. 9. After installation through the wetland, drag abundant slash across the right of way to limit illegal offhighway vehicle users. Slash should consist of large woody debris (stumps could be used) and piled to a height of two feet. The obliteration of the track should run from the alder/wetland on the west end to the wetland on the east end and extend across the entire width of the right of way. 10. No fueling or servicing equipment on National Forest System land. 11. Provide suitable measures around vehicle use and staging to fully contain spills and avoid or minimize soil and water contamination.

4 B. Purpose of Decision The purpose of the project is to provide an updated internet and telephone service to rural residents. The project is consistent with the Forest Plan goals of uneven-age management of hardwoods for highquality sawlogs, and dispersed and developed recreation for Management Area (MA) 2.3 (Page 3-8) and the Forest Plan goal of conifer management for fiber production and non-game wildlife in MA 4.4 (Page 3-14). II. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION Proposed actions 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 is within a category listed in 36 CFR 220.6(d) or (e), and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect. A. Category of Exclusion The project is within the category 36 CFR 220.6(e). Specifically, this project meets Category 3, Approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land [(36 CFR 220(e)(3)]. B. Relationship to Extraordinary Circumstances 1. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. 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. There is no critical habitat for any wildlife or plant species on the West Unit of the Hiawatha National Forest. Animals: No known occurrences Threatened or Endangered Species of wildlife are present. Suitable habitat for one species (Canada lynx) does exist. Proposed actions were analyzed for potential effects. None were identified. Suitable habitat exists for one species proposed for listing: Northern long-eared bat. No effects from proposed actions were identified. No known occurrences exist of Regional Forester Sensitive Species (RFSS) for wildlife. Suitable habitat exists for two RFSS species: Northern goshawk and Red-shouldered hawk. For Unoccupied habitat a determination was made for: may impact individuals but not likely to cause a trend to federal listing or loss of viability. No effect on fisheries resources in area lakes or streams from installation of aerial fiber optic cable. Process uses road right of way and existing utility power poles. Plants: No suitable or potential habitat for HNF federally listed plant species occurs within this special use permit site. No effect determination was made for HNF federally listed species of plants.

5 No species of plants are proposed nor is critical habitat for federally listed plants identified for Hiawatha National Forest by USFWS. No RFSS of plants are known to occur within the proposed route along NFSRs: 2218, 2218F, 8136 and Non-native Invasive Plants (NNIP): To prevent further spread of non-native invasive plants, eight measures are required to implement the project. They are listed in Section 1. A. above under requirements 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 adjoin inland and coastal waters including flood prone areas of offshore islands, including at a minimum, that area subject to a one percent or greater chance of flooding in any one year. Floodplain function will not change. No structures, ditches, roads, dams, or other linear infrastructure will be placed or constructed in the proposed project area. As such, floodplain function will not be compromised.. This project does not violate any Objectives, Standards, or Guidelines for Watershed Management as written in the 2006 Forest Plan (pages 2-13 through Forest Plan). 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. Wetland acres will not increase nor decrease. No filling or excavation of wetlands will occur directly or indirectly with the implementation of the project. As such, no gain or loss of wetland will occur. This project does not violate any Objectives, Standards, or Guidelines for Watershed Management as written in the 2006 Forest Plan. (pages 2-13 through Forest Plan) Municipal Watersheds: Municipal watersheds are designated by Congress and managed under multiple use prescriptions in forest plans. There are no municipal watersheds on the Forest. This decision will not affect municipal watersheds. 3. Congressionally Designated Areas - Wilderness: This decision does not affect Wilderness, as the project is not in or near Wilderness. Wilderness is identified in the Forest Plan as Management Area 5.1 (p. 3-21). Big Island Lake Wilderness is approximately 8 miles away from the closest point to the project area. The project is located in Management Areas (MA) 2.3 and 4.4 (Forest Plan, pp.3-8 and 3-14). This decision will not affect Wilderness.

6 Wilderness Study Areas: No Wilderness Study Areas exist on the Forest (Forest Plan FEIS, p, C-16). This decision will not affect Wilderness Study Areas. National Recreation Areas: Grand Island is the only National Recreation Area on the Forest. This decision will not affect this National Recreation Area. Wild and Scenic Rivers (Sturgeon River) The Sturgeon River Wild and Scenic River (MA 8.4.4) (Forest Plan, p.3-69) is approximately 4 miles from the project area. The Indian River Wild and Scenic River (MA 8.4.1) (Forest Plan, p.3-52) is approximately 8 miles from the project area. This decision will not affect Wild and Scenic River corridors. 4. Inventoried Roadless Areas - No inventoried roadless areas (RARE II or Forest Plan) on the West Unit of the Hiawatha National Forest. This decision will not affect inventoried roadless areas. 5. Research Natural Areas - Big Island Lake Wilderness is approximately 8 miles away from the closest point to the project area. This decision will not affect any Research Natural Areas. 6. Native American Religious or Cultural Sites - No Native American religious or cultural sites are known to exist within the project area. This decision should not affect any Native American religious or cultural sites. 7. Archaeological Sites, or Historic Properties or Areas A historic archaeological site is recorded near the project area, but the potential for effect is not likely as long as the actions stay within the areas designated for the project. No other extraordinary circumstances related to the project were identified. III. PUBLIC INVOLVEMENT The Hiawatha Telephone Company Cable Installation project was first identified in the June 2014 Schedule of Proposed Actions (SOPA). On October 23, a press release was distributed to local media explaining the proposed project. In addition, letters or s about the project were sent to interested individuals and tribal contacts. One comment was received asking for more information on the age and condition of the forest in the project area. In Management Areas 2.3, northern hardwoods, such as sugar maple and beech, dominate this area, although red maple, cherry, yellow birch and basswood are also found. In addition, white pine and hemlock will be interspersed within the hardwood stands (Forest Plan, p 3-8). In Management Area 4.4, jack pine is the most common tree species, although oak, aspen, paper birch, lowland hardwoods, red pine and white pine are also found (Forest Plan, p 3-14). The commenter questioned the location of the poles to be used for the aerial segment of the cable. The approximately 700 feet of cable to be installed on existing power poles is depicted on Map 2. 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.

7 National Forest Management Act - The project proposal has been reviewed by resource specialists and found that it complies with the Forest Plan. This concurrance is documented in the project file. Endangered Species Act - See Section II, Item B1 of this document. 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 the Planning Record. This decision will have no impact on sensitive species. Clean Water Act - 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. Per Forest Service direction (USDA Forest Service, 2012a) National Core BMPs are incorporated as project design features for this proposed action. A copy of the National Core BMPs is located in the project file (USDA Forest Service 2012b). The following national core BMPs are prescribed, and required to be implemented: Plan-2. Project Planning and Analysis Fac-9. Pipelines, Transmission Facilities, and Rights-of-Way Road-10. Equipment Refueling and Servicing Specifically relevant, are: Fac-9. Pipelines, Transmission Facilities, and Rights-of-Way Aggressively address unauthorized uses of the corridor, such as motorized vehicle use, that are exposing soils, increasing erosion, or damaging the facilities. Road-10. Equipment Refueling and Servicing Plan for suitable equipment refueling and servicing sites during project design. Allow temporary refueling and servicing only at approved locations, located well away from the aquatic management zone, groundwater recharge areas, and waterbodies. Use suitable measures around vehicle service, storage and refueling areas, chemical storage and use areas, and waste dumps to fully contain spills and avoid or minimize soil contamination and seepage to groundwater. Wetlands (Executive Order 11990) - See Section II, Item B2 of this document. Floodplains (Executive Order 11988) - See Section II, Item B2 of this document. Native American Graves Protection and Repatriation Act - See Section II, Item B6 of this document. National Historic Preservation Act - See Section II, Item B7of this document. Archaeological Resources Protection Act - See Section II, Item B7 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 commensurate with the scope of

8 the project and consideration of potential environmental effects. The entirety of documentation for this decision supports compliance with this Act. V. ADMINISTRATIVE REVIEW OR APPEAL On January 17, 2014, the President signed into 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 into 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 activities. 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. VI. IMPLEMENTATION DATE This decision may be implemented immediately. VII. CONTACT PERSON Further information about this decision can be obtained from Brenda Rebitzke at the Hiawatha National Forest Rapid River/Manistique Ranger District, 8181 U.S. Hwy 2, Rapid River, MI 49878; voice: extension 117; fax: VIII. SIGNATURE AND DATE I have concluded that this decision may be categorically excluded from documentation in an environmental impact statement or environmental assessment as meets 36 CFR 220.6(e)(3), and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect. My conclusion is based on information presented in this document and the entirety of the Planning Record. /S/ Joanne M. Sanfilippo November 12, 2014 Joanne M. Sanfilippo Date District Ranger The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, sexual orientation, marital status, family status, status as a parent (in education and training programs and activities), because all or part of an individual s income is derived from any public assistance program, or retaliation. (Not all prohibited bases apply to all programs or activities.)

9 If you require this information in alternative format (Braille, large print, audiotape, etc.), contact the USDA s TARGET Center at (202) (Voice or TDD). If you require information about this program, activity, or facility in a language other than English, contact the agency office responsible for the program or activity, or any USDA office. To file a complaint alleging discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C , or call Toll free, (866) (Voice). TDD users can contact USDA through local relay or the Federal relay at (800) (TDD) or (866) (relay voice users). USDA is an equal opportunity provider and employer.