Decision Memo. Delta A Septic Repair (#33)

Transcription

1 Decision Memo Delta A Septic Repair (#33) USDA Forest Service Willamette National Forest McKenzie River Ranger District T16S, R5E, Section 16 Lane County, OR Proposed Action The McKenzie River Ranger District is proposing to approve a repair for a failed septic system for a cabin on Lot #33 of the Delta A Recreation Residence Tract. The new system will replace the failing system with a Lane County approved septic tank between 1000 and 1500 gallons, a drain-field of up to 150 feet and transmission lines from the cabin to the tank. This may result in re-locating some existing water lines and may disturb vegetation and trees less than 12 inches in diameter. Disturbed areas will be re-vegetated with native plants. This septic system upgrade meets the regional policies and regulations. The holder is in compliance with all terms and conditions of their permit. There are no changes to the authorized facilities or increases in the scope or intensity of the activities. Lane County permits will be obtained and the system will be installed by a licensed contractor. The proposed action is located at Delta Drive in T16S, R5E, Section 16, Lane County, Oregon. This site is adjacent to the McKenzie River. Purpose and Need The purpose of this project is to authorize the cabin owner to repair a failed septic system and bring it up to Lane County Code. The need for this project is to bring the failed septic system up to current standards to protect natural resources. The cabin is currently under a Special Use Permit authorizing the use and occupancy of a recreation residence on National Forest System Lands for personal, noncommercial use. This project is for a modification of permitted improvements with no change in the authorized facilities or increase in the scope or intensity of the activities. Scoping and Public Involvement This proposed action was listed in the Willamette National Forest s Schedule of Proposed Actions (SOPA) and can be accessed on the web at The

2 project was scoped for public review and input from September 9, 2015 to October 8, comments were received. During internal scoping, McKenzie River Ranger District resource specialists raised no issues and found no effects in relation to implementing this proposed action. All supporting documentation is located in the project file available at the McKenzie River Ranger District. Categorical Exclusion Criteria Decisions 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 one of the categories identified by the Chief of the Forest Service in Forest Service Handbook (FSH) sections or 32.2, and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect. The specific category for this proposed action is found in 36 CFR 220.6(e)(3) and described in Forest Service Handbook (FSH) , Chapter 30, Section 32.2 (3) Approval, modification, or continuation of minor special uses of NFS lands that require less than five continuous acres of land. Several resource conditions must be considered in determining whether extraordinary circumstances related to the proposed action warrant further analysis and documentation. During development of the proposed action, a team of resource specialists determined whether or not any of the resource conditions are present, and if so, the degree of the potential effects on the listed resource. The mere presence of one of these resource conditions does not preclude use of a categorical exclusion. Based on the information in Table 1, no extraordinary circumstances related to the proposed action will occur. Table 1 Resource Conditions Considered in Determining Extraordinary Circumstances Present in Project Area (y/n) Degree of Potential Effect Design Criteria or Mitigation Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species Yes Effect Floodplains, wetlands, or municipal watersheds Yes ne All riparian areas will be protected Congressionally designated areas such as wilderness, wilderness study areas or national recreation areas ne Present Inventoried roadless areas or potential wilderness areas ne Present Research Natural Areas Delta A Septic Repair (#33) Decision Memo 2

3 Present in Project Area (y/n) Degree of Potential Effect ne Present Design Criteria or Mitigation American Indian religious or cultural site ne Present Archaeological sites, or historic properties or areas ne Present This project will not affect any known archeological sites or historic properties or areas. Decision and Rationale for Decision Based on my review of the information presented in this document and the supporting documents in the project record, I have decided to implement the proposed action as described above. The action addresses the purpose for the project and the need to expand this cabin for the installation of a hot water tank. Through past experience and review of similar projects, I have concluded that this project is not a major Federal action. It will have limited context and intensity (40 CFR ), individually or cumulatively, to the biological, physical, social, or economic components of the human environment. It does not pose a violation of Federal, State, or local law requirements imposed for the protection of the environment. The action that I have selected falls within a category established by the Forest Service that normally does not individually or cumulatively have a significant effect on the quality of the human environment and no extraordinary circumstances exist that would cause the proposed action to have any significant environmental effect. Therefore this action is excluded from documentation in an environmental impact statement or environmental assessment. Findings Required by Other Laws and Regulations I find that this decision complies with all laws, regulations and policies regarding the construction, reconstruction and maintenance standards for recreation residences. Table 2 outlines the major laws, regulations and policies with respect to Special Use Administration and displays how this proposed action complies with those laws. Table 2 Compliance with Other Laws, Regulations, and Policies Year Enacted Title Summary How applied in this proposed action (PA) 1897 Organic Act This Law is the foundation for multiple use and Forest Service management of National Forest System Lands 1969 National Environmental Policy Act Creates the environmental impact statement (EIS) and environmental assessment (EA) as instruments of environmental policy. Requires Implementation of this PA follows direction in this law for the Forest Service to manage National Forest System Lands. Scoping was conducted as required by NEPA. This PA follows FSH Chapter 30 Delta A Septic Repair (#33) Decision Memo 3

4 Year Enacted (NEPA) 1973 Endangered Species Act (ESA) 1976 National Forest Management Act (NFMA) 1915 Term Special Use Permit for Recreation Residences Title Summary How applied in this proposed action (PA) public participation. Council on Environmental Quality regulations allow federal agencies to exclude certain categories of actions from documentation in EA or EIS. Provides broad protection for species of fish, wildlife and plants that are listed as threatened or endangered in the U.S. or elsewhere. Provisions are made for listing species, as well as for recovery plans and the designation of critical habitat for listed species. The Act outlines procedures for federal agencies to follow when taking actions that may jeopardize listed species, and contains exceptions and exemptions. Requires the Secretary of Agriculture to assess forest lands, develop a management program based on multiple-use, sustainedyield principles, and implement a resource management plan for each unit of the National Forest System. It is the primary statute governing the administration of national forests. Authorized to occupy a recreation residence on National Forest System lands for personal, noncommercial recreational use. requirements for categorically excludable activities. The PA is in compliance with the Endangered Species Act. Applicable procedures were followed with respect to threatened and/or endangered species. This PA was developed in full compliance with NFMA via compliance with the Willamette National Forest Land and Resource Management Plan 1990, as amended. The PA follows appropriate standards and guidelines and management direction for the Management Allocations in the project area. This project is in compliance with the operation and maintenance of a recreation residence. Appeal Rights On January 17, 2014, the President signed into law the Consolidated Appropriations Act of 2014 (Pub. L ). 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 ). Section 8006 of the 2014 Farm Bill repealed the Appeals Reform Act (ARA) (Pub. L ). 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 no longer offers appeal opportunities pursuant to 36 CFR 215 for categorically excluded projects. Comments received on the proposed action will be reviewed and considered prior to making a final decision; however, the project is not subject to appeal. Implementation Date Implementation is proposed to begin fall Delta A Septic Repair (#33) Decision Memo 4

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