I. DECISION. A. Description of Decision

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1 DECISION MEMO Southern Indiana Power Oriental Road USDA Forest Service, Eastern Region Hoosier National Forest Tell City Ranger District Perry County, Indiana I. DECISION A. Description of Decision My decision is to issue a right-or-way (ROW) permit to Southern Indiana Power (SIP). The permit allows SIP to trench and place approximately 2,200 feet of new overhead power line and approximately eight power poles within the road ROW along Oriental Road and Old Glory Road in the Doolittle Mills area. Southern Indiana Power will also remove approximately 2,200 feet of overhead power line and approximately seven power poles and extend cross-country from Old Glory Road to Oriental Road. The new power poles and overhead line will be placed within feet of the road edge. Both the power line/power pole(s) removed and installed will be in Township 3 South, Range 2 West, Section 22. The location of my decision is in Oil Township, Perry County, Indiana. SIP will be authorized a 20 ROW clearing on each side of the power line, with one side being along the road within the road ROW maintained by the county. The 20 clearing on the opposite side of the power poles will be cleared by brushing existing trees and cutting some pines, which will then be chipped and spread within the permit area. There area also several American Sycamore trees (3-4 trees) that will be removed, all of which are <5 DBH. My decision will be implemented by issuing a special use authorization that meets the requirements of the application and USDA Forest Service regulations under the Federal Land Policy and Management Act (FLPMA). USDA Forest Service regulations require the applicant to submit an operation and maintenance plan that complies with the decision requirements, pay any necessary fees, post any necessary bonds, and secure any state or Federal permits or authorizations required by law. It is also my decision that a special use fee will not be charged for this special use permit since SIP, a commercial operation, qualifies for a fee waiver in accordance with Code of Federal Regulations Title 36 part 251, section 57(b)(1) (36 CFR (b)(1)). The acreage for the new line will be approximately 1.52 acres. This permit is subject to Cost Recovery whereby the United States may recover the cost of processing an application to occupy National Forest System Land and may recover the additional cost to monitor the construction of the right-of-way work. B. Purpose of Decision The purpose of this decision is to issue a utility ROW to SIP to occupy Federal Land by installing approximately 2,200 feet of new buried power line across Federal land along Old Glory Road and Oriental Road. The existing overhead power line and power poles will be removed and the new line and power poles will be placed along the county roads. This will allow SIP to maintain their lines in a timely manner during power outage and maintenance. Page 1

2 This permit will be issued as Amendment #1 to SIP s existing permit TEC34, which was issued June 13, The existing County Roads and power line ROW vegetation will be managed in low vegetation land. The Hoosier National Forest Land and Resource Management Plan (Forest Plan) provides guidance regarding human and community development (Forest Plan p. 3-23). II. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION Decisions may be categorically excluded from documentation in an environmental impact statement or environmental assessment when they are within one of the categories identified in 7 CFR part 1b.3 or 36 CFR and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. I have concluded that this decision is appropriately categorically excluded from documentation in an environmental impact statement or environmental assessment as it is a routine activity within a category of exclusion and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. My conclusion is based on information presented in this document and the entirety of the record. A. Category of Exclusion The project is within the category of exclusion 36 CFR 220.6(e)(3) that includes Approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land. B. Relationship to Extraordinary Circumstances There are seven resource conditions that need to be considered in determining whether extraordinary circumstances related to the proposed action warrant further analysis and documentation in an EA or an EIS as listed in 36 CFR 220.6(b). The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion. The degree of the potential effect of a proposed action on these resource conditions determines whether extraordinary circumstances exist. 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. Forest employees have analyzed the potential effects of this decision on listed species and have documented their findings. It was determined that there are three trees along Oriental Road that have characteristics making them valuable to wildlife, especially for roosting bats. Southern Indiana Power will mitigate this by placing the new power line on the opposite side of the road at these three locations, which have been identified on the ground with both orange and white flagging. (Winstead 2012). Page 2

3 2. Floodplains, Wetlands, or Municipal Watersheds The project is not located in or near floodplains. Reviews of maps and the site validated this conclusion. This decision will not affect 100-year floodplains. Wetlands: Executive Order directs Federal agencies 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. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. The project is not located in or near wetlands. It is on a hillside. Review of maps and the site validated this conclusion. This decision will not affect wetlands. Municipal Watersheds: USDA Forest Service manages municipal watersheds under multiple use prescriptions in forest plans. This project is located within the Headwaters Middle Fork Anderson River Watershed, which is not considered municipal. The project will be stabilizing areas of disturbance by management activities as soon as practical. Give priority to stabilizing areas discharging soils into watercourses; especially those that affect the watershed of municipal or recreational reservoirs. Since equipment will remain on county roads, there are no major concerns with other resource damage. Southern Indiana Power will also compact the backfill trenches and seed if necessary (Jasper 2012). 3. Congressionally Designated Areas - Wilderness: This decision does not affect wilderness. The Forest Plan identifies wilderness on the Forest as Management Area 5.1 (Forest Plan, p. 3-34). The project is located in Management Area 2.4 (Forest Plan, p. 3-25). The closest wilderness, Charles C. Deam Wilderness, is over 50 miles north of the project. This decision, with impacts limited to the immediate area of activity, will not affect the wilderness. Wilderness Study Areas There are no wilderness study areas on the Forest. This decision will not affect wilderness study areas. National Recreation Areas There are no national recreation areas on the Forest. This decision will not affect national recreation areas. Wild and Scenic Rivers There are no designated Wild or Scenic Rivers on the Hoosier. This decision will not affect any Wild or Scenic River. 4. Inventoried Roadless Areas - There are no inventoried roadless areas (RARE II or Forest Plan) on the Forest. This decision will not affect inventoried roadless areas. Page 3

4 5. Research Natural Areas - There are no research natural areas in the decision area (Forest Plan FEIS, p. 3-45). Pioneer Mothers Research Natural Area is over 15 miles from the project. This decision, with impacts limited to the immediate area of activity, will not affect research natural areas. 6. American Indians and Alaska Native Religious or Cultural Sites - Additionally, the Federal government has trust responsibilities to Tribes under a government-to-government relationship to ensure that the Tribes reserved rights are protected. Consultation with tribes helps ensure that these trust responsibilities are met. No tribal concerns were identified for this project. 7. Archaeological Sites, or Historic Properties or Areas - Section 106 of the National Historic Preservation Act requires Federal agencies to take into account the effect of a project on any district, site, building, structure, or object that is included in, or eligible for inclusion, in the National Register of Historic Places. Section 106 of the National Historic Preservation Act also requires Federal agencies to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. The Archaeological Resources Protection Act covers the discovery and protection of historic properties (prehistoric and historic) that are excavated or discovered on Federal lands. It affords lawful protection of archaeological resources and sites that are on public and Indian lands. The Native American Graves Protection and Repatriation Act covers the discovery and protection of Native American human remains and objects that are excavated or discovered in Federal lands. It encourages avoidance of archaeological sites that contain burials or portions of sites that contain graves through in situ preservation, but may encompass other actions to preserve these remains and items. This decision complies with the cited acts. Forest employees conducted surveys for Native American religious or cultural sites, archaeological sites, and historic properties or areas that may be affected by this decision. The area was surveyed August 2012 and there are no concerns with the power line/power pole removal or new power line/power pole installation (Krieger 2012). OTHER SPECIALIST INPUT: Botanist: The project should not affect any known Regional Forest Sensitive Species plant populations due to its relatively small project size, and lack of any known populations or adequate habitat in the project area (Larson 2012). Fisheries Biologist: There are no concerns for aquatic resources since the project is located along the existing roadside (Kunzmann 2012). III. PUBLIC INVOLVEMENT There are five adjacent neighbors along the proposed route. All parties were contacted via letter dated 07/23/2012. Southern Indiana Power contacted all the affected neighbors (which are not adjacent for HNF property) and only positive or no comments were received. Eddie Feix with the Perry County Highway Department was notified and he did not have any issues. A legal notice was posted in the Perry County News on July 19, 2012 and the Hoosier National Forest did not receive any public comments. Page 4

5 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. A. Federal Land Policy and Management Act This act allows the granting of right-of-way easements or special use permits across National Forest System lands. The regulations at 36 CFR 251 guide the issuance of permits, leases, and easements under this act. Permits, leases, and easements are granted across National Forest System lands when the need for such is consistent with planned uses and USDA Forest Service policy and regulations. This decision is consistent with this act. B. Consistency (National Forest Management Act) This act requires the development of long-range land and resource management plans. In compliance with the act, the Hoosier developed a revised Land and Resource Management Plan (Forest Plan), approved in January The Forest Plan provides for guidance for all natural resource management activities on the forest. The act requires all projects and activities to be consistent with the Forest Plan, which Forest employees reviewed in connection with this project. This decision is responsive to guiding direction contained in the Forest Plan and is consistent with the standards and guidelines in the Forest Plan on page 3-23: Special Uses and Utility Corridors. C. Endangered Species Act See Section II, Item B1 of this document. D. Sensitive Species (USDA 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. This decision will have no effect on sensitive species (Winstead 2011). E. Clean Water Act The intent of this act is to restore and maintain the integrity of waters. The USDA 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. The February 1998 edition of the (Indiana) Forestry Best Management Practices Field Guide is on file at both Tell City and Bedford offices. Additionally, the project will not affect rivers or streams. F. Wetlands (Executive Order 11990) See Section II, Item B2 of this document. H. Floodplains (Executive Order 11988) See Section II, Item B2 of this document. I. Federal Cave Resources Protection Act This purpose of this act is to secure, protect, preserve, and maintain significant caves, to the extent practical. Site features and field review along Thrifty and Urban Roads substantiate that no caves are in the decision area. This decision will not affect any known cave resources (Harriss 2011) Page 5

6 J. National Historic Preservation Act See Section II, Item B7 of this document. K. Archaeological Resources Protection Act See Section II, Item B7 of this document. L. Native American Graves Protection and Repatriation Act See Section II, Item B6 of this document. M. Wild and Scenic Rivers Act See Section II, Item B3 of this document. N. 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. O. National Environmental Policy Act This act requires public involvement and consideration of potential environmental effects. The entirety of documentation for this decision supports compliance with this act. V. ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITIES A recent court ruling (Sequoia Forestkeeper v. Tidwell) requires that actions that can be categorically excluded using categories found at 36 C.F.R (e) be subject to public notice, comment, and opportunity for administrative appeal. Since no comments were received during the 30-day comment period for the project, this decision is not subject to appeal (36 CFR (e)). VI. IMPLEMENTATION DATE This decision may be implemented immediately. VII. CONTACT PERSON For additional information concerning this decision, contact Jackie Contreras, Resource Assistant at the Tell City Ranger District; address: th Street, Tell City, IN Fax: ; jcontreras@fs.fed.us. Additional information about this decision can be found on the internet at VIII. SIGNATURE AND DATE My decision is based on a review of the record, which shows consideration of relevant scientific information, including responsible opposing views and, as appropriate, the acknowledgement of incomplete or unavailable information, scientific uncertainty, and risk. My decision implements the Hoosier National Forest s Forest Plan. As required by NFMA section 1604(i), I find this project to be consistent with the Plan. Page 6

7 I have concluded that this decision may be categorically excluded from documentation in an environmental impact statement or environmental assessment because it is within one of the categories identified in 36 CFR 220.6, and there are no extraordinary circumstances present. I base my conclusion on information presented in this document and the entirety of the planning record. _/s/ Chris Zimmer Chris Zimmer District Ranger _10/10/2012 Date REFERENCES CITED Harriss, Steve Cave Resource finding of no effect to caves with roadside project. On file with: District Ranger, Tell City Ranger District, th St. Tell City, IN Krieger, Angie Letter to Jackie Contreras July 29, 2011, with cultural resource report finding of no effect. On file with: District Ranger, Tell City Ranger District, th St. Tell City, IN Winstead, Richard Letter finding three hazard trees, which were marked and will be mitigated. On file with District Ranger, Tell City Ranger District, th St. Tell City, IN Jasper, Chalonda Letter finding no effect on soils with mitigation. On file with District Ranger, Tell City Ranger District, th Street, Tell City, IN Larson, Kirk Letter finding no effect on RFSS populations. On file with District Ranger, Tell City Ranger District, th Street, Tell City, IN Christensen, Russ, expressing no concerns for the project. On file with District Ranger, Tell City Ranger District, th Street, Tell City, IN Kunzmann, Amanda expressing no concerns for the project. On file with District Ranger, Tell City Ranger District, th Street, Tell City, IN The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA s TARGET Center at (202) (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC , or call (800) (voice) or (202) (TDD). USDA is an equal opportunity provider and employer. Page 7