DECISION MEMO Missoula Electric Cooperative Point 118 MEC - Buried Electric Powerline (Along West Fork Butte Access Road #37 to Point 118) USDA Forest Service - Lolo National Forest Missoula Ranger District Missoula County, Montana I. DECISION TO BE IMPLEMENTED Decision Description: I have decided to permit the placement of a buried electrical cable along and within the West Fork Butte Road # 37. This road leaves Highway 12 on Lolo Creek at the Earl Tenant Campground. (T12N, R23W NW¼ Sec. 25). This installation will amount to approximately 9.3 miles of buried 25kV line within the roadway and will provide electrical service to the Point 118 communications site ( T11N, R23W SE ¼ Sec. 13). The site is 4 miles southwest of the West Fork Butte Lookout. Rationale for the Decision: Direct disturbance to vegetative and ground conditions will be minimal since all activity will be within the compacted fill of an existing forest road or along a short segment of a snowmobile trail leading to the communication site. An interdisciplinary (ID) team of Forest Service resource specialists determined there were no impacts or no effects on the various forest resources. (See Project File and NEPA specialist s input forms). A very small riparian area adjacent to the intersection of Road #37 and the snowmobile route has been flagged and no disturbance will occur to that area. The team determined there are no significant environmental impacts to resources or extraordinary circumstances (36 CFR 220.6). Special construction stipulations and clauses will be attached to this special use amendment. These clauses will become part of the installation requirements and reviewed at a pre-work meeting with Missoula Electric Cooperative. The clauses, address such things as soil compaction, removal of any rock that may come to the surface, line placement around Road #37 drainage structures, noxious weed control, and public safety during installation. This permit is consistent with the Lolo National Forest Plan. I have examined past, present, and reasonably foreseeable actions and considered the potential for any cumulative effects. I have concluded that the proposed action would create no significant cumulative effects. This conclusion is based on a) Review of the Biological Assessment and Biological Evaluation; b) The low risk of environmental impacts; c) The minimal environmental change expected; d) Findings related to extraordinary circumstances (see TABLE 1 on Page 6); e) On-theground review; and f) Discussions with and input from Forest resource specialists and Missoula County 911 communication site managers. Having reliable electrical power at this site will aid in the operation of the 911 system and enhance the link Point 118 provides to the other four mountain top communication sites in the county. I have considered the best available science in the development of this project and in making this decision to implement it. 1
Purpose of Decision: This decision will allow MEC to utilize an acceptable means to deliver power to Point 118. This site currently relies on propane from three large propane tanks to provide transmitter energy, heat, and building temperature control. My decision is based on a review of the record that shows a thorough analysis of relevant resource information. Forest Road # 37 is open to the public. This existing use will remain unchanged and no additional access needs were identified in terms of managing this communication facility on National Forest System (NFS) lands. II. REASONS FOR CATEGORICALLY EXCLUDING THE PROJECT Categories of actions for which a project or case file and decision memo are required: A supporting record is required and the decision to proceed must be documented in a decision memo for the categories of action in paragraphs (e) (1) through (17) of this section. At a minimum, the project or case file should include any records prepared and specialist s comments. This action is categorically excluded from documentation in an environmental impact statement or an environmental assessment because it involves: 220.6 (e) (3)(iv) (3) Approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land. Examples include: (iv) Approving the use of land for a 40-foot utility corridor that crosses one mile of a national forest. I find that no extraordinary circumstances exist which would lead to significant effects on the quality of the environment. This buried electrical line would need a one foot wide trench within an existing forest road right of way. A one mile segment would be placed in an existing snowmobile trail that is wide enough for larger snow grooming equipment. The line would be placed in July or August. Relationship to Extraordinary Circumstances.36 CFR 220.6(b) states Resource conditions that should be considered in determining whether extraordinary circumstances related to the proposed action warrant further analysis and documentation in an EA or EIS The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion (CE). It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of the potential affects of a proposed action on these resource conditions that determines whether extraordinary circumstances exist. This proposal was brought to the Lolo National Forest - East Zone Small Project NEPA Interdisciplinary Team for internal scoping at their meeting on May 5, 2010. As a follow-up, resource data gained during the summer field season was also presented and reviewed on December 1, 2010. Two Forest Service specialists reviewed the resource conditions applicable to their field of expertise and determined no further analysis was warranted: East Zone Botanist Zone Wildlife Biologist The following specialists conducted further review, were also present at the May 5, 2010 meeting and visited the site during the 2010 field season: East Zone Hydrologist Lolo Landscape and Recreation Specialist East Zone Fisheries Biologist Lolo N.F. Archeologist East Zone Road Maintenance Coordinator 2
There were no environmental concerns raised by any of the specialists. The resource conditions listed and their applicability to the project are displayed in TABLE 1 on Page 6 of this decision memo. Construction clauses will be included as conditions of the issuance of Amendment # 25 to the existing Missoula Electric Cooperative Master Special Use Permit # 4965-01. These clauses will cover the protection of existing road drainage structures, protection a wetland area, leveling and compaction of the plow trench, noxious weed control, and smoothing of the roadway surface. III. PUBLIC INVOLVEMENT and TRIBAL GOVERNMENT CONSULTATION Internal agency scoping indicated that no extraordinary circumstances are present and the action will not have significant effects on the environment or affect the public s accessibility to the site. Background information and letters were sent on February 24, 2011 to the Nez Perce and the Confederated Kootenai and Salish Tribal Chairmen, also to the Missoula Board of County Commissioners. In addition letters and notices were sent to the Nez Perce Natural Resource subcommittee chairman, the Director of Fisheries, the tribal Staff Attorney, and the Natural Resource Director. Letters were also sent to the Confederated Salish and Kootenai Tribal Historic Preservation Officer and three separate letters to other members of the Tribal Preservation Department. The Lolo National Forest Archeologist consulted with the Tribal Historic preservation officers and provided written documentation and results of his reviews and site analysis. The agency determination was that no historic properties were affected. By this analysis, information sharing, and discussion with the tribal governments, the Section 106 consultation was completed. A legal notice describing the project was placed in the Missoulian newspaper on February 25, 2011. Also on February 25, 2011, sixty letters were mailed to members of the public and another 106 were sent to other interested publics and governmental agencies via their e-mail addresses. These 166 letters described the proposed project, included a map of the area, and requested comments to be returned by March 25, 2011. The seven public comments, received during the scoping and comment period, were supportive of the project since buried electric power to the site would enhance the reliability of the Missoula County emergency communication network. One comment suggested maximizing the use of solar panels if possible. Another respondent inquired if all three of the existing 1,000 2,000 gallon propane tanks would remain at the site. Missoula County facility managers have informed the Lolo National Forest that solar panels are in use for some transmitters and work well during the summer months but snow and cloud cover in the area of Point 118 limits their reliability during the winter. Also, of the three large tanks on site only one will remain as a back-up and the other two will be removed. Other comments wanted protection of the snowmobile route. This route will be protected and remain unchanged. IV. FINDINGS REQUIRED BY AND/OR RELATED TO OTHER LAWS AND REGULATIONS Forest Plan Consistency (National Forest Management Act) This Act requires that all projects and activities are consistent with the 1986 Lolo National Forest Land and Resource Management Plan (pages II-1 through II-20) and as amended by the 1995 Inland Native Fish Strategy (INFISH) Decision Notice. The plan has been reviewed in consideration of this project and this decision is consistent with the standards and guidelines contained in the Forest Plan and subsequent amendments. 3
Endangered Species Act and Sensitive Species (Forest Manuel 2670) On July 10,1998 the US Fish and Wildlife Service (USFWS) listed the bull trout as a threatened species in the Columbia River basin. The Canada lynx was listed as a threatened species on April 24, 2000. Biological Evaluations/Biological Assessments for threatened, endangered, and sensitive plants and animals and their proposed or designated critical habitat are contained in the project file and the findings are summarized in Table 1 of this document. Clean Water Act The intent of the Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Best Management Practices (BMPs). This decision incorporates Best Management Practices to ensure protection of soil and water resources. Clean Air Act Under this Act, areas of the country were designated as Class I, II or III air sheds for Prevention of Significant Deterioration purposes. Impacts to air quality have been considered for this decision. There is no Class I air shed within, or directly adjacent to, the permitted area. (Class I areas generally included national parks and wilderness areas). The remainder of the forest is classified as Class II air shed. No burning will be associated with this permit. Therefore, no impacts to the air shed are expected. Federal Cave Resources Protection Act This Act is to secure, protect, preserve and maintain significant caves to the extent practical. There are no caves in the general area of the permit that would be affected. Wetlands (Executive Order 11990), Floodplains (Executive Order 11988) National Historic Preservation Act, Archaeological Resources Protection Act, Native American Graves Protection and Repatriation Act and Wild and Scenic Rivers Act See TABLE 1 on Page 6. 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 and does not adversely affect environmental or human health programs that disproportionately impact minority or low-income populations within Mineral County. Montana Streamside Management Zone Act (HB-731) and the Inland Native Fish Strategy (INFISH) All activities associated with this permit comply with HB-731 and INFISH. Migratory Bird Treaty Act There will be no known substantial losses of migratory bird habitat expected from the implementation of this proposal. Other Laws and Requirements The issuance of Amendment 25 to the Master Special Use Permit with Missoula Electric Cooperative is consistent with all other Federal, State and/or local laws or requirements for protection of the environment and cultural resources. The permit will include a clause that requires the permittee to comply will all laws and requirements. If they do not, the permit will be revoked for non-compliance. The 1994 Executive Order 12898 ordered federal agencies to identify and address the issue of environmental justice. Environmental justice is where adverse human health and environmental effects of agency programs disproportionately impact minority and lowincome populations. This decision will not disproportionately impact any minority or low-income populations. 4
TABLE 1. EXTRAORDINARY CIRCUMSTANCES REVIEW (FSH 1909.15{30.3(2)} Point 118 Buried Powerline Resource Condition Applicability to This Project 1. Federally listed threatened or endangered species or Direct, indirect and cumulative effects have been analyzed designated critical habitat, species proposed for Federal in the Biological Evaluations (BE) or Biological listing or proposed critical habitat or Forest Service Assessments (BA). sensitive species. WILDLIFE: Findings in the BE/BA show implementation of the project would have No Effect on threatened or endangered species including Gray wolf, Bald eagle, Grizzly bear, Lynx, or Peregrine falcon. This project will have No Impact on the Northern goshawk, Flammulated owl, Common loon, Harlequin duck, Black-backed woodpecker, Northern bog lemming, Townsend s big eared bat, Fisher, Wolverine, Coeur d Alene salamander, Boreal toad or Northern leopard frog. This project may affect but is not likely to adversely affect the gray wolf or Canada lynx. FISHERIES: Findings in the BE/BA showed implementation of the project would have No Effect on the endangered Bull trout and No Impact on the sensitive West slope cutthroat. BOTANY: The Lolo Botanist determined there would be No Effect to any listed threatened plants and no impact on sensitive plants because ground disturbance will be limited to areas already impacted. 2. Flood plains, wetlands, or municipal watersheds. There is no net loss of wetlands or current flood plains. The permitted area is not in a municipal watershed. The permitted area is not located within a wilderness, wilderness study area or national recreation area. 3. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas. 4. Inventoried Roadless Areas. The permitted area is not located within any inventoried roadless area. 5. Research Natural Areas. The permitted area is not located within any research natural area. 6. American Indian or Alaska Native religious or cultural sites. Analysis done by the Lolo National Forest Archeologist determined there are no known cultural sites within the permitted area. 7. Archeological sites, or historic properties or areas. Analysis done by the Lolo National Forest Archeologist determined there are no known archeological sites or historic properties within the permitted area. 6