Decision Memo. Administrative Site Disposal Old Agness Guard Station Compound

Transcription

1 Decision Memo Administrative Site Disposal Old Agness Guard Station Compound US Forest Service Pacific Northwest Region Rogue River-Siskiyou National Forest Legal Location: SW ¼ Section 7, T. 35 S., R. 11 W., Willamette Meridian Curry County, Oregon This documents my decision to implement disposal of property known as the Old Agness Guard Station Compound located on National Forest land situated above the right (north) bank of the Rogue River, just west of Curry County Road 375 in Agness, Oregon (approximately 2.5 acres). The legal description is a portion of the SW ¼ SW ¼, Sec. 7, T. 35 S., R. 11 W., Willamette Meridian, Curry County. The street address is Old Agness Road. This property is not to be confused with the more recently built/acquired Agness Guard Station compound, located along the main Forest Service Road 33 on the south side of the Rogue River, near its confluence with the Illinois River. The property proposed for conveyance consists of 5 buildings, graveled roads, and vegetated areas. The site was first constructed in the 1920s and 1930s and was envisioned to be the Agness Ranger Station. Since that time, it has served as a fire guard station for the District and for a time housed the Siskiyou Helitack crew. In 1964 a flood destroyed the bridge that connected the north and south banks of the Rogue River. This bridge was never replaced, which left the guard station isolated and made it difficult for this site to efficiently manage the area. Currently, the site is not staffed and has become a storage facility that is in deteriorating condition. In 1999, a new domestic water well and pump house was completed on the northern portion of the Site. The Site has remained relatively unchanged since Up until recently, a local museum, Fire Department and residential tenant occupied the property; however, all three have vacated the property. The sale is authorized for disposal under the Forest Service Facility Realignment and Enhancement Act of 2005 (FSFREA) (Public Law ). This authority will allow the Forest Service to retain the proceeds of the sale for use on other facility projects. Background and Purpose of Decision This action will sell property that is no longer needed by the Forest Service. Two of the five buildings on the site are located along the southern side of the property. The residence (Bldg. 1009) is located in the eastern and central portion of the property, along with a small pump house and storage shed (Bldgs 1600 and 1801). The former Agness/Illahe Museum (Bldg. 2004) and Warehouse (Bldg. 2207) are located in the southwestern portion of the property. A warehouse/crewhouse, which existed in the northeast portion of the property, was demolished and removed by the Forest Service in June of Old Agness Guard Station Compound Page 1 of 8

2 The structures were constructed with wood frames, wood siding exteriors, composite shingled roofing, and concrete block and slab foundations. The remainder of the site is covered by graveled driveways, a former paved loading dock, and vegetated areas. The site is bordered to the south by an unpaved access road. Graveled driveways provide access to the site from the access road. Water is provided by a domestic well located on the northern portion of the site. A septic system and drainfield located on the eastern section of the site provides sanitary sewer services for the site. The properties around the site are zoned primarily for residential and public uses. According to the Curry County Planning Department, the site is zoned PF (Public Facilities). Structures at the Old Agness Guard Station, Gold Beach Ranger District Building Building Number Square Footage Date of Construction Residence ,775 ft Storage Shed ft Utility Shed ft Agness/Illahe Museum ft Warehouse ,400 ft The Residence (Bldg. 1009) is a one-story, unoccupied residence with a concrete foundation and a basement. The building is 1,775 square-feet in size and was constructed with wide, horizontal exterior siding, a wooden frame, shingled roofing (re-roofed in 1982), and a concrete block foundation. Heat is provided by a woodstove located in the living room area of the building. The Office (former museum) (Bldg. 2004) is a one-story structure located on the southern portion of the site. The building is 385 square-feet in size and was constructed with 10- inch horizontal wooden exterior siding, a wooden frame, a shingled gable roof (replaced in 1966), and a concrete block foundation. The Warehouse (Bldg. 2207) is a one-story building with attic located on the western portion of the site. The building is 2,400 square-feet in size and was constructed with horizontal exterior wood siding, a wooden frame, composite shingle roofing, and a concrete block foundation. In addition, there are 2 small sheds on the property. Old Agness Guard Station Compound Page 2 of 8

3 The purpose of this project is to convey this unneeded property out of Forest Service ownership by sale, consistent with the approved Facilities Master Plan for the Rogue River-Siskiyou National Forest. Sale of the Old Agness Guard Station is authorized for disposal under the Forest Service Facility Realignment and Enhancement Act of 2005 (FSFREA) (P.L ). Conveyance of this under-utilized property will contribute to the Forest s need to implement the correct alignment of administrative facilities with the staffing levels and expected future funding. It will help reduce facility maintenance costs, and the sale proceeds will provide funding for upgrading and maintenance of other needed existing administrative facilities. Decision and Rationale As Forest Supervisor of the Rogue River-Siskiyou National Forest, I have decided to convey the Old Agness Guard Station Compound in Agness, Oregon under the Authority of the Forest Service Facilities Realignment and Enhancement Act of The Sale will consist of approximately 2.5 acres of Federally Acquired lands. The property includes five buildings consisting of a residence, an office (former museum), a warehouse, and two small sheds. The property will be sold fee simple with the mineral estate included in the property to be conveyed. The sale will be subject to valid existing rights and encumbrances of record. The Forest Service may also include in the conveyance any reservations or covenants necessary to protect the interests of the United States. This decision will dispose of property that is no longer needed by the Rogue River-Siskiyou National Forest. This action is needed to attain a mix of facilities more suitable to the current program of work and for the employee base of the Forest while also developing administrative funding for other needed facility projects on the Rogue River-Siskiyou National Forest. In accordance with Sec. 504(d)(3) of the Forest Service Facility Realignment and Enhancement Act, the Forest Service is not required to conduct mitigation or abatement for lead-based paint of asbestos-containing building materials with respect to an administrative site to be conveyed under this title. However, the Forest must disclosure requirements for lead-based paint and asbestos and obtain written assurance from the purchaser that they will comply with Federal, State, and local laws related to the management of lead-based paint and asbestos. Copies of all reports will be furnished to potential purchasers. A Modified Phase I Environmental Site Assessment report was completed on March 14, 2006 to identify conditions indicative of releases of hazardous substances, pollutants, contaminants, petroleum and petroleum products, and controlled substances on, at, in, or to the subject property. A Modified Phase I / Phase II Environmental Site Assessment was completed on November 13, 2008, and a Phase III (Addendum) to Modified Phase I / Phase II Environmental Site Assessment was completed on February 12, An approximately 500-gallon gasoline underground storage tank (UST) was located on the southwest corner of the site, which was decommissioned and removed in the early 1960 s. The results of samples collected at the site of the former UST revealed the presence of lube oil suggesting contaminates from degraded/aged diesel fuel or a waste oil source. Acting on the recommendations of the Modified Phase I / Phase II Environmental Site Assessment, approximately 12 yards of soil was removed for disposal from an excavation approximately six feet deep. Subsequent samples were collected at 72 inches deep and tested clean for contaminates. Old Agness Guard Station Compound Page 3 of 8

4 Fluorescent light ballasts observed in two of the structures may contain small quantities of polychlorinated biphenyls (PCBs) depending on the date the ballasts were produced. An asbestos survey identified approximately 306 ft 2 of ACM in the two buildings on the site, some of which was friable. Asbestos has also been identified in some of the buildings and any friable asbestos considered a safety risk should be removed. The lead-based paint inspection identified several exterior areas with lead-based paint greater than federal guidelines. Three soil samples were taken and tested for lead; none exceeded the regulatory threshold for toxicity. Subsection 504(d)(4) of the FSFREA provides that in any environmental review or analysis required under NEPA, the Secretary is only required to (A) analyze the most reasonably foreseeable use of the administrative site, as determined through a market analysis; (B) determine whether or not to reserve any right, title, or interest in the administrative site under subsection (a)(3); and (C) evaluate the alternative of not conveying the administrative site, consistent with the National Environmental Policy Act of A) The Most Reasonably Foreseeable Use of the Property. The real property future use consultation done by the Forest Service Review Appraiser dated May 27, 2011 shows that the most reasonable future use is to use the approximate 2.5 acre parcel is continued residential use. The change in federal to non-federal ownership will not likely change the foreseeable use; however, other allowable uses on the site include farming or forestry. B) Right, Title or Interest to be reserved by the United States. No need has been identified to retain any rights or interests on the property for the public or to protect US interest on adjoining property. Standard reservations related to access for hazardous materials clean up will be incorporated in the conveyance deeds. No other rights, title or interests will be reserved. C) Alternative of Not Conveying the Property. The Forest has considered the alternative of not conveying the property and believes retention of the property would not be in the public interest and is not consistent with the Forest Facility Master Plan. The impacts of not conveying the property would be continued maintenance expense or a gradual deterioration of the buildings due to lack of use or inadequate maintenance. Money spent on these facilities would mean less money to maintain other facilities on the Forest. There is no current or future Forest Service need for the property and maintenance costs are a strain on the Forest s budget. The sale will help allow the Forest to pay for maintenance on other needed properties. Old Agness Guard Station Compound Page 4 of 8

5 Project Design Criteria and Mitigation Project design criteria and mitigation measures are used to minimize potential resource impacts of the proposed action and to improve existing conditions. All measures listed below will be implemented as part of the sale of the property. Cultural Resource Project Design Criteria The following project design criteria are stipulations of the Memorandum of Agreement between the Rogue River-Siskiyou National Forest and the Oregon State Historic Preservation Office (SHPO) for the conveyance of the Old Agness Guard Station: 1. The Forest Service will salvage CCC-era hardware and other components from the residence ( ) for re-use at National Register-listed Gold Beach Ranger Station in Gold Beach, OR. These items include a tree-shaped door latch plate on the front door, interior cabinet latches and hinges, and window hardware. 2. Off-site interpretation of the history of Old Agness will be provided at the Gold Beach Ranger Station. The existing brochure/walking tour of the compound will be revised to include this information. 3. Should the building be razed by the new owner within five years of purchase, the Forest Service will notify SHPO. 4. The Forest Service will provide a list of buildings either listed on, or found eligible for listing on, the National Register of Historic Places (NRHP) that are identified in the Forest s Facilities Master Plan for long-term preservation. These buildings will be retained and managed or their historic values until at least 2020, and most likely well beyond. Reasons for Categorical Exclusion This project is categorically excluded from further documentation in an environmental impact statement or an environmental assessment, because it is listed as one of the excluded categories in the Forest Service Environmental Policy and Procedures Handbook (FSH) , Chapter 30. Category 7 in Section of the FSH Sale or exchange of land or interest in land and resources where resulting land uses remain essentially the same applies to this Project. I have determined there are no extraordinary circumstances, based on the following information from the interdisciplinary team of resource specialists that analyzed this proposal: a) Federally-listed threatened or endangered species or designated critical or essential habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species One Townsend s big-eared bat, a Region 6 sensitive species, was observed in the crew house (Building #1302) during a 2008 survey. This building was demolished in June 2010 after surveys determined that there were not currently any bats in the building. After completing surveys in 2008, 2009 and 2010, Forest Service wildlife biologists determined that the removal of the old crew quarters building (Building #1302) may impact individuals and/or habitat but not likely to cause a trend to federal listing or a loss of viability to the population or species because no individuals were observed immediately prior to demolition, however, this site will no longer be available for future use as a roosting site. Thus, the conveyance will have no further effect to any bats or any other US Forest Service wildlife species of concern. Old Agness Guard Station Compound Page 5 of 8

6 b) Floodplains, wetlands, or municipal watersheds According to Federal Emergency Management Agency (FEMA) maps, the property is not within a 100 year floodplain. The property does not contain wetlands. c) Congressionally-designated areas, such as wilderness, wilderness study areas, or National Recreation Areas The project area is not located within any congressionallydesignated area. d) Inventoried Roadless Areas The project area is not located within any inventoried roadless area. e) Research Natural Areas The project is not located within any Research Natural Areas (RNA) or potential RNAs. f) American Indian and Alaska Native religious or cultural sites; and archaeological sites, or historic properties or areas This site has been surveyed for archaeological sites and none were located; it was determined to be a No Historic Properties Affected undertaking with regard to archaeological properties, under the State Historic Preservation Office (SHPO) Programmatic agreement; May 1, 2006, by the Forest Archaeologist. The Rogue River-Siskiyou National Forest and SHPO entered into a Memorandum of Agreement that specifies how the Forest Service will mitigate the adverse effects to structures on the property resulting from sale of the facilities. Public Scoping This proposal was listed in a letter to interested citizens on August 2, This letter was mailed to interested parties using district mailing lists, including Tribal organizations. Legal notice of the opportunity to provide comments during the 30-day scoping period for this property was published in the Coos Bay World on August 4, The scoping period ended on September 7, The project appeared in the Rogue River-Siskiyou National Forest Schedule of Proposed Actions, beginning in the fall of The Forest received one comment in response to scoping. The comment related to retaining the historic attributes of the buildings on the property. Findings of Consistency I have determined that my decision is consistent with the 1989 Siskiyou National Forest Land and Resource Management Plan, as amended. This site is administrative as assigned to the (former) Siskiyou National Forest and is not assigned to a forest land management allocation. This action is consistent with Forest Plan Management Direction, Forest-wide Standards and Guidelines; LANDS 9-3 Page IV-50, 51). The sale is consistent with the Forest Service Facility Realignment and Enhancement Act of 2005 (FSFREA). Appeal Rights This decision is not subject to appeal pursuant to Forest Service regulations at 36 CFR 215. Implementation Implementation of this decision may occur immediately. Old Agness Guard Station Compound Page 6 of 8

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