Desert Water Agency Permit Reissuance U.S. Forest Service San Bernardino National Forest San Jacinto Ranger District Riverside County, California

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1 DECISION MEMO Desert Water Agency Permit Reissuance U.S. Forest Service San Bernardino National Forest San Jacinto Ranger District Riverside County, California BACKGROUND Desert Water Agency (DWA) has applied to the San Jacinto Ranger District, San Bernardino National Forest for a permit for the continued operations and maintenance of existing facilities on National Forest System (NFS) lands. The proposal is to reissue a 30 year permit for existing facilities and does not include new construction.. The permit would authorize the continued operation and maintenance of an existing 150,000-gallon (0.15 MG) water storage reservoir and existing appurtenances, including access roads (one paved one native), penstock, pipelines (large and small) and a telephone conduit (Project). The Project will enable DWA to continue to provide quality drinking water to the residences of Snow Creek Village and the surrounding desert cities as required by the California Department of Public Health, and support the Snow Creek Power Plant which provides electricity to the Palm Springs area. PROJECT LOCATION The Project is located on NFS lands within the San Jacinto Ranger District of the San Bernardino National Forest. It is located northwest of the city of Palm Springs, south of the Hwy 111 and Interstate-10 junction and south of the Snow Creek Village, in a 1 mile square section. Legal location is Township 3 South, Range 3 East, Section 28, Whitewater and San Jacinto Peak Quadrangles. Please see Appendix A. PURPOSE AND NEED FOR ACTION There is a need to meet the intent and direction of the San Bernardino National Forest Land Management Plan (2005) and address the water and electric needs of desert communities. The desired future condition would be continued water and electric service for people within DWA s service area that are served by existing water lines and associated infrastructure on National Forest System lands. The purpose of the proposed action is to implement the LMP by reissuing the permit for DWA under current regulations and policy, bringing the permit up-to-date with current land management objectives and guidelines for resources in the area. Page 1 of 10

2 DECISION I have decided to implement the project as proposed, authorizing the reissuance of a permit to DWA. This project will meet the purpose and need by providing for continued water and electricity in DWA s service area, ensuring that all permitted activities are in conformance with applicable regulations and policy. PROPOSED ACTION 1. Issuance of a 30 year FLPMA permit to Desert Water Agency authorizing operation and maintenance of the existing structures (please see Table 1). Table 1. DWA Authorized Facilities on National Forest System Lands Description USE Length Width CODE feet feet square feet acres Snow Creek Village Water Tank Supply Pipeline (8 ) Snow Creek Village Water Tank Overflow Pipeline (8 ) Falls Creek Groundwater Recharge Pipeline(10 ) Snow Creek Village Supply Pipeline (8 ) Snow Creek Village Supply Pipeline (12 ) Snow Creek Telephone Line conduit Snow Creek Penstock and Pipeline, FERC exempted (20 ) Snow Creek Access Road (Paved) Snow Creek Village Water Tank Access Road (unpaved) Snow Creek Village Water Tank -150,000 gallons total Operation and Maintenance activities include the following: Landscape maintenance: Brush that encroaches into the roadway is cleared quarterly. A four-man crew performs the work, using the following equipment: a. Truck, gas-powered weed eaters, gas-powered hedge trimmers, pitch forks, manual hedge trimmers, shovels, rakes, gas-powered blowers Asphalt pavement maintenance: This work is performed as necessary, with potholes and cracks being repaired annually. Work is performed with one five-man crew with truck, dump truck and compressor. Work generally takes up to a week to complete. Page 2 of 10

3 Graded dirt roads: Washouts are repaired after storms using a five-man crew with truck, backhoe, and trailer. This work can usually be done in two or three days. Pipeline and conduit repair and maintenance: The above-ground 20 inch Snow Creek penstock is painted, and needs to be repainted approximately every ten years. Painting can take approximately two weeks to complete with one five-man crew and two trucks. Painting can also be required after a fire, along with replacement or repair of communication lines that are burned. This work can take approximately two days with one five-man crew and two trucks. If there is a small leak on any pipeline, a crew of up to five men would be dispatched to repair the leak. Such a repair crew could require approximately two service trucks, a backhoe or vacuum excavator, and a trailer depending on the location and nature of the repair. This is typically one day s work. The aforementioned heavy equipment would not be used in locations where access roads were not present and immediately adjacent to the pipeline/conduit, i.e. Falls Creek Pipeline and much of the Snow Creek Telephone Line Conduit; repairs to these lines would be accomplished by crew members on foot. To date, DWA has not been required to perform leak repairs of the pipelines within the USFS permitted easement, other than those performed in 2012 at the request of USFS on the Falls Creek Pipeline. Snow Creek Village Water tank repair and maintenance: Routine maintenance and recoating approximately every fifteen years. Coating can take approximately two weeks to complete with one five-man crew and two trucks. Recoating may also be required after a fire. Use of access road: Snow Creek Road (paved) through Section 28 is the only access to DWA s surface water diversion facilities in Snow Creek and Falls Creek Canyon (Section 33). DWA dispatches service trucks several times daily to service these facilities. DWA employs a guard who uses the road up to several days per week. Full-time residents travel the road several times daily. The road is used by outside services such as septic pumpers (once per week), pest control (once per month), HVAC service (twice per year), and propane delivery (twice per year). In addition, the permit will be subject to national standard clauses put in place to protect the public, public lands, resources and the government of the United States. These clauses are subject to change in order to comply with any amendments as directed by the Forest Service at the time of permit issuance. Also, the following project specific design criteria will be added to the permit as stipulations: If, as an ancillary use for the purpose of monitoring and protecting aforementioned USFS authorized facilities, DWA desires to install, operate and maintain electronic surveillance devices within the permit area, they will be placed and operated as approved by the Forest Service authorized officer. Should any ground disturbing activities be authorized in the future (including archaeological testing and surveys), the presence of an approved Native American Cultural Resource Monitor(s) will be required as well as an archaeologist that meets the Secretary of Interior's standards. Should buried cultural deposits be encountered, the Monitor may request that destructive activities halt and the Monitor will notify a Qualified Archaeologist (Secretary of the Interior s Standards and Guidelines) to Page 3 of 10

4 investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. Should human remains be discovered during maintenance or construction activities, the holder or its contractor will be subject to either the State law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt and the County Coroner shall be contacted pursuant to State Health and Safety Code If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC would make a determination of the Most Likely Descendent (MLD). The Forest Service and the holder will work with the designated MLD to determine the final disposition of the remains. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA). The applicable category of actions is identified in agency procedures as 36 CFR 220.6(e)(15): Issuance of a new special use authorization for a new term to replace an existing or expired special use authorization when the only changes are administrative, there are not changes to the authorized facilities or increases in the scope or intensity of authorized activities, and the applicant or holder is in full compliance with the terms and conditions of the special use authorization. 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: Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal or proposed critical habitat, or Forest Service sensitive species The Proposed Action will have no effect on federally listed threatened or endangered species or designated critical habitat, species proposed for federal listing or proposed critical habitat. The proposed DWA maintenance activities will not change any habitat conditions of primary constituent elements for critical habitat for peninsular bighorn sheep (PBS) or Coachella valley milk vetch (CVMV) in the project area. The project will not affect PBS and desert tortoise as there are no expected impacts to habitat and no disturbance to individuals since they are not known to occur in the area. The project will not affect CVMV due to lack of habitat in the project area and no known or potential for species to occur. The effects on sensitive species, specifically desert sand verbena and red diamond rattlesnake, are discussed in the Biological Evaluation. As the proposed maintenance activities will occur on previous disturbed roads and existing facilities they are not expected to disturb habitat and it was determined that there will be no effects to these species. Page 4 of 10

5 ( Biological Assessment and Biological Evaluation Specialist Report Wildlife and Botany for the Desert Water Agency Permit San Jacinto Ranger District San Bernardino National Forest by David Austin, Forest Biologist, 7/30/2014 is located in the project record) Flood plains, wetlands, or municipal watersheds The project area is within a special flood hazard area that is subject to inundation by the 1 percent annual chance flood. The channel-to-width ratios for the creeks through Section 28 exhibit the range of conditions expected in the absence of human influence. Channels are vertically stable, with isolated locations of aggradation or degradation, which should be expected in near-natural conditions. The project area is not within a floodway area requiring that the area be kept free of encroachment according to the FEMA flood plain maps. Soil erosion within the Snow Creek and Falls Creek Watersheds are not accelerated beyond its normal conditions. The majority of the property is undisturbed land and reflects near-natural conditions. The condition rating for vegetation in both watersheds is considered good. There is no proposed action for the Snow and Falls Creek Watersheds other than maintenance activities for the existing facilities. In the event that maintenance activities are required, the Erosion Control Plan will be implemented and all BMPs utilized for the duration of the work performed. Inspections will be conducted and the BMPs will be maintained to effectively prevent erosion within USFS property. The Equivalent Roaded Area (ERA) for the watersheds is expected to remain unchanged. It is highly unlikely that any indicators from the Watershed Condition Analysis will be affected. ( Desert Water Agency Watershed Condition Classification Snow Creek and Falls Creek Watersheds and Desert Water Agency Erosion Control Plan for Maintenance of the Snow Creek and Falls Creek Watersheds prepared by Krieger & Stewart, Inc., and reviewed by Robert Taylor, Forest Hydrologist, are located in the project file). Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas There are no Congressionally-designated areas within or adjacent to the project area. Inventoried roadless areas or potential wilderness areas There are no Inventoried Roadless Areas or potential wilderness areas present in the project area. Research natural areas There are no research natural areas present in the project area. American Indians and Alaska Native religious or cultural sites There are known federally-recognized American Indian cultural or religious sites near the project area. The Soboba Band of Luiseño Indians, the Morongo Band of Mission Indians, and Page 5 of 10

6 the Agua Caliente Band of Cahuilla Indians were contacted, per National Historic Preservation Act (NHPA) Section 106 requirements. On June 17, 2014 the Agua Caliente Band of Cahuilla Indians sent a letter to the Forest requesting specific measures regarding the proposed action. This request was reviewed by the ID team lead and William Sapp, Forest Archeologist and Tribal Liaison. At the tribe s request, Forest Archaeologist, William Sapp conducted an additional field survey on August 28, ( SBNF Heritage Resources, Programmatic Agreement Project Form, Section 106 Certification, William Sapp, Forest Archeologist and Tribal Liaison, November 19 th, 2014, is located in the project file). Archaeological sites, or historic properties or areas During site visits, no new archaeological sites were identified in the project area. An existing rock shelter is located near the project area and was excavated by Joseph W. Michels. The excavations were reported in the 1964 Annual Report of the Archaeological Survey, UCLA. It is now protected by steel bars that prevent access to the shelter. No activities in and around the shelter have been nor will be authorized by the permit. ( SBNF Heritage Resources, Programmatic Agreement Project Form, Section 106 Certification, William Sapp, Forest Archeologist and Tribal Liaison, November 19 th, 2014, is located in the project file). PUBLIC INVOLVEMENT This action was originally listed as a proposal on the San Bernardino National Forest Schedule of Proposed Actions on January 1 st, 2012, and updated periodically during the analysis. In addition to providing information about this project on the San Bernardino National Forest webpage, interested and affected parties received scoping letters, and scoping information was published in the Desert Sun on July 30, 2014, requesting that comments be received by August 28, Scoping letters were sent to individuals and interested parties on July 23, The Forest received comments from 13 commenters. The comments were submitted by mail, and phone. Nine commenters contacted the USFS during the requested period and four contacted the USFS after August 28th, however, all comments were considered. While no public comments raised concerns or issues related to the seven categories of extraordinary circumstances, the Interdisciplinary Team reviewed the comments received and organized the material into a series of questions, statements and preliminary issues. A summary of public scoping comments and preliminary issue determination was prepared by the USFS and is located in the project file. FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS This decision is consistent with the San Bernardino National Forest Land Management Plan and the project was designed in conformance with 36 CFR 220.6(e)(6). Page 6 of 10

7 LMP Strategy: Existing special uses are expected to continue. Emphasis will be given to resolving issues related to land encumbered by existing authorizations rather than processing new authorizations. Non-Recreational Special Use Authorizations (SUAs) are required to maximize opportunities to co-locate facilities and minimize encumbrance of National Forest System land. Specific direction for the proposed action and resource protection is provided in the Forest Design Criteria, Part 3 of the LMP: Optimize encumbered National Forest System land and efficiently administer SUAs: Require SUAs to maximize opportunities to co-locate facilities and minimize encumbrance of National Forest System land; and, All special-uses comply with law, regulation, and policy. Upon termination, restore areas to a specified condition. Administer existing SUAs in threatened, endangered, proposed, candidate and sensitive species habitats to ensure they avoid or minimize impacts to those species and their habitats. The project area is in the Back Country land use zone which is considered a suitable zone for a Non-Recreation Special Uses Low Intensity Land Use such as this project. The project area is within the Santa Rosa and San Jacinto Mountains National Monument Place. The proposed project is compatible with the emphasis of that Place and will not negatively impact its objectives or valued landscape attributes. Endangered Species Act (ESA) Project activities will have no effect on any federally listed threatened or endangered terrestrial or aquatic wildlife species, and the project will have no effect on designated critical habitat for peninsular bighorn sheep, nor Coachella Valley Milk Vetch. Therefore, consultation with the U.S. Fish and Wildlife Service regarding the effects of the proposed project activities is not required. National Historic Preservation Act (NHPA) There are known federally-recognized American Indian cultural or religious sites in the project area. The appropriate local tribes were contacted, per National Historic Preservation Act (NHPA) Section 106 requirements. These sites are protected utilizing Standard Protection Measures identified in the Pacific Southwest Regional Programmatic Agreement. The Programmatic Agreement Project Form: Section 106 Certification (R ) documents the review by the San Bernardino National Forest Heritage Program Manager, and pursuant to the First Amended Regional Programmatic Agreement Among the U.S.D.A Forest Service, Pacific Southwest Region, California State Historic Preservation Officer, and Advisory Council on Historic Preservation Regarding the Process for Compliance with Section 106 of the National Historic Preservation Act for Undertakings on the National Forests of the Pacific Southwest Region (PA), certifies that there are no additional identification efforts required because, the Page 7 of 10

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9 APPENDIX A Description and Map of the Geographic Area Whitewater & San Jacinto Peak Quads, San Bernardino Base Meridian, T3S, R3E, Section 28 Page 9 of 10

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