*DRAFT* DECISION MEMO. Collins Baldy Communications Site Special Use Permit

Transcription

1 *DRAFT* DECISION MEMO Collins Baldy Communications Site Special Use Permit UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Pacific-Southwest Region Happy Camp/Oak Knoll Ranger District Klamath National Forest Siskiyou County, California PROPOSAL The Forest Service received an application for a special use permit amendment from Caltrans for installation, use and maintenance of radio equipment on Collins Creek Baldy Lookout building located on National Forest System (NFS) lands. The permit amendment includes installation of the following: one radio cabinet, one solar panel and two antennas. The radio equipment will provide radio communications along approximately 20 miles of State Highway 96 to allow Caltrans personnel to communicate with service stations. Collins Creek Baldy lookout is located about 12.5 miles east of the town of Scott Bar, California, Township 45 North, Range 10 West, Section 1, Mount Diablo Meridian on the Happy Camp/Oak Knoll Ranger District. The site elevation is 5,492 feet. Collins Baldy Lookout was built in In 1963, the facility was transferred to the Forest Service and special use permits were issued to Siskiyou California and several State of California Agencies. A site management plan was prepared and approved for this site in 2007.The new improvements consist of removal of existing solar panels from the roof of the Collins Creek Baldy Lookout. The old solar panels will be remounted on the side of the lookout along with five new solar panels. The solar panels will be mounted on the stairway landing structure of the lookout building (Appendix A). The panels will cover a total length of 8 feet 9 inches, height of 7 feet, with a ground clearance of 9 feet. One radio equipment cabinet measuring 2 feet wide by 2 feet long by 6 feet high will be installed under the lookout building. One 800 MHz omni directional antenna will be installed on the exterior north side of the lookout building, and one UHF yagi antenna will be installed under the lookout inside the enclosed wood structure. Seveneighths inch transmission cable will be attached to each antenna and will run from the antennas to the radio cabinet. No ground disturbance is proposed. The improvements will require space for one service truck during implementation. Implementation is planned for spring of 2014 and will take approximately two days. BACKGROUND Caltrans considered an alternate proposal of utilizing roadside repeaters but determined that such a system would not be economically feasible. The Collins Creek Baldy Lookout site proposal was chosen as it was determined that it would provide a wider range of radio coverage, cost less per mile for coverage, and have minimal impacts compared to the roadside repeater alternative. Therefore, the mountaintop site on Collins Creek Baldy offered the only viable location. DECISION I have decided to amend the current Granger-Thye lease issued to The California Department of Transportation (CALTRANS) to include this site. Environmental analysis reveal that no extraordinary circumstances exist that might cause the action to have significant effects upon the human environment. Page 1 of 6

2 Protection of resources is a requirement of the permitted use. Conditions or stipulations are included as part of the permit which require the holder to meet environmental protection measures or face termination of the permit and or civil or criminal penalties. The term of this permit will be for ten years. The permit will expire on December 31, This action is excluded from further documentation in either an environmental assessment or environmental impact statement. The applicable category of actions is identified in agency procedures as: Approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land. (36 CFR 220.6(e)(3), as described in Forest Service Handbook , Section 32.2). I find that there are no extraordinary circumstances that would warrant further analysis and documentation in an environmental assessment or environmental impact statement. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist: No Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species will be adversely impacted by the issuance of this permit or the use of land authorized by the permit. Specific stipulations have been identified. There is no need for additional analysis or implementation of additional protective measures under the Endangered Species Act of (Internal Scoping Form; currently being finalized). No flood plains, wetlands or municipal watersheds are present within the permit area. No congressionally designated areas such as Wilderness, wilderness study areas, or national recreation areas are present within the permit area. No inventoried roadless areas or potential wilderness areas are present within the permit area as confirmed by District Lands and Minerals Administrator`s review of the Klamath National Forest Inventoried Roadless Areas map associated with the 2001 Final Rule for Roadless Area Conservation. No Research Natural Areas are present within the permit area. No American Indians and Alaska Native religious or cultural areas are present within the permit area. The Collins Baldy fire lookout is an historic property for which review by the State Historic Preservation Officer was required. A letter of concurrence was received from the State Historice Preservation Officer, dated September 9, The letter concurred with the determination that there would be no adverse effects to the Collins Baldy fire lookout. PUBLIC INVOLVEMENT AND SCOPING This action was listed as a proposal on the Klamath National Forest Schedule of Proposed Actions dated April 1, The following district natural resource specialists reviewed the project: Jon Grunbaum (Fisheries Biologist), Erin Rentz (Botanist), Tim Burnett (Wildlife Biologist), Kathy McCovey and Jeanne Goetz (Heritage Specialists), and Kim Crider (NEPA Coordinator). Specialists input is documented on the Klamath National Forest Special Use Internal Scoping Form, along with Archaeological report attachments. FINDINGS REQURED BY OTHER LAWS AND REGULATIONS Page 2 of 6

3 This decision is consistent with the 1995 Klamath National Forest Land and Resource Management Plan, as amended. This permitted area is within a Late Successional Reserve. The LSR will not be adversely affected by this project. Executive Order relating to Environmental Justice requires an assessment of whether implementation of this decision will disporportionately affect minority or low-income populations. This project will not disproportionately affect any minority or low-income populations. ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITY Appeals under 36 CFR 215 A comment period is being provided with the circulation of this draft decision memo (DM). [The language below about appeal opportunity is drafted in preparation for decision, and may be modified following the reciept of comment period comments. If no comments are received during the comment period, then this Decision Memo (DM) is not appealable. Following the comment period this section will be updated with the appropriate languaged based upon whether or not comments were received.] A comment period was provided for this project pursuant to the March 19, 2012 order issued by the U. S. District Court for the Eastern District of California in Case No. CV F11-679LJO DLB. Only supportive comments were received. Since only supportive comments were received OR Since no comments were received during the comment period, this decision is not appealable pursuant to 36 CFR (e). OR A comment period was provided for this project pursuant to the March 19, 2012 order issued by the U. S. District Court for the Eastern District of California in Case No. CV F11-679LJO DLB. Only those individuals and organizations that submitted written or oral comments during the comment period are eligible to appeal. An appeal, including attachments, must be filed (regular mail, fax, , handdelivery, or express delivery) with the appropriate Appeal Deciding Officer (36 CFR 215.8) within 45 days following the publication date of the legal notice of the decision. Notices of appeal must meet the specific content requirements of 36 CFR Names and addresses of appellants will become part of the public record. Appeals must be submitted to [For forest-level decisions add: Regional Forester, Attn: Appeals and Litigation, USDA Forest Service, 1323 Club Drive, Vallejo, CA Appeals may be submitted by FAX [ ] or hand delivered to the Regional Office, at the address above, during normal business hours (Monday-Friday 7:30 am to 4:00 pm).] OR [For district-level decisions add: Appeals must be submitted to Forest Supervisor, Klamath National Forest, 1711 South Main Street, Yreka, CA Appeals may be submitted by FAX [ ] or by hand-delivery to the KNF Supervisor's Office at the address above, during normal business hours (Monday-Friday 8:00 am to 5:00 pm).] Electronic appeals must be submitted in a format such as an message, plain text (.txt), rich text format (.rtf), Word (.doc or.docx), or portable document format (.pdf) to: [for forest-level decisions: appealspacificsouthwest-regional-office@fs.fed.us] OR [for district-level decisions: appeals-pacificsouthwestklamath@fs.fed.us] with Subject: [add project name] The appeal must have an identifiable name attached or verification of identity will be required. A scanned signature may serve as verification on electronic appeals. It is the sender s responsibility to ensure timely receipt by other means (36 CFR 215.6(a)(4)(iii)). Appeals under 36 CFR 214 My decision is subject to administrative appeal by the permit holder pursuant to 36 CFR 214. IMPLEMENTATION Page 3 of 6

4 Appeals under 36 CFR 215 [The language below about implementation is drafted in preparation for decision, and may be modified following the reciept of comment period comments. If no comments are received during the comment period, then this DM is not appealable and may be implemented immediately following decision. Following the comment period this section will be updated with the appropriate languaged based upon whether or not comments were received.] Implementation may occur immediately pursuant to 36 CFR 215.9(c) since the project is not subject to appeal. OR If no appeal is filed, implementation of this decision may begin on, but not before, the 5th business day following the close of the appeal-filing period. If an appeal is filed, implementation may occur on, but not before, the 15th business day following the date of the [last] appeal disposition. Appeals under 36 CFR 214 This proposal shall be implemented unless an authorized stay is granted under 36 CFR (b) or an automatic stay goes into effect under 36 CFR (c). CONTACT For further information contact: Jim Main, Lands and Minerals Administrator, at the Happy Camp/Oak Knoll Ranger District, P.O. Box 377, Happy Camp, California or by phone at PATRICIA A. GRANTHAM Forest Supervisor Date Non-Discrimination Policy The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.) To File an Employment Complaint If you wish to file an employment complaint, you must contact your agency's EEO Counselor (PDF) within 45 days of the date of the alleged discriminatory act, event, or in the case of a personnel action. Additional information can be found online at To File a Program Complaint If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form (PDF), found online at complaint_filing_cust.html, or at any USDA office, or call (866) to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C , by fax (202) or at program.intake@usda.gov. Persons with Disabilities Individuals who are deaf, hard of hearing or have speech disabilities and you wish to file either an EEO or program complaint please contact USDA through the Federal Relay Service at (800) or (800) (in Spanish). Persons with disabilities who wish to file a program complaint, please see information above on how to contact us by mail directly or by . If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) (voice and TDD). Page 4 of 6

5 Appendix A Site Photos Page 5 of 6

6 Appendix A (continued) Page 6 of 6