Decision Memo San Antonio Mountain Communication Site Lease Project

Transcription

1 Background Decision Memo San Antonio Mountain Communication Site Lease Project USDA Service Tres Piedras Ranger District, Carson National Rio Arriba County, New Mexico San Antonio Mountain is located 15 miles north of Tres Piedras, New Mexico and 40 miles northwest of Taos, New Mexico (Figure 1). San Antonio Mountain is a free-standing volcanic peak in Rio Arriba County, New Mexico. With an elevation of 10,908 feet, San Antonio Mountain is the highest peak within the Taos Plateau volcanic field, the largest volcanic field within the Rio Grande Rift Valley. Facilities located on San Antonio Mountain provide emergency and non-emergency communication for local, state, and federal agencies and for many rural communities in northern New Mexico. Taos County Emergency Communications (911) transmits radio communications from Taos County Complex Facility/911 center to San Antonio Mountain which relays information to emergency resources. Kit Carson Electric Cooperative (KCEC) is the current owner and permit holder for facilities being used in the San Antonio Mountain relay. Permits for the communication site facilities were first issued to Kit Carson Electric Cooperative in 1974 and have been renewed periodically since, most recently in The facilities consist of an 8 foot by 8 foot building and a 77 foot high radio tower with several antennas and one microwave antenna (Figures 2 and 3). KCEC is in the process of transferring ownership of their San Antonio Mountain Communication site to the Taos County Government. KCEC has requested that their communication site lease be revoked (July 1, 2015) and Taos County has submitted an application (July 1, 2016) to transfer ownership of the facility. Because the existing permit held by Kit Carson Electric Cooperative is expired, the lease cannot be transferred to Taos County without a new decision. Further, it is mutually beneficial for the Carson National to work with the Taos County Government to issue a new communication lease. The Taos Interagency Dispatch Center, Carson National is in the process of relocating from its current location at 208 Cruz Alta Road to the Taos County Complex Facility at 105 Albright Street Suite Q Taos, New Mexico. The Taos Interagency Dispatch Center, Carson National will discontinue its use of its current aging microwave link system and will lease links from Taos County. Page 1 of 9

2 Project This decision includes the following actions: Decision Revoke the current permit as requested by Kit Carson Electric Cooperative. Issue a new communication facility lease for a 20-year term to the Taos County Government. The lease will authorize the existing facilities, including an 8 foot by 8 foot building and a 77 foot high radio tower with antennas. I have decided to authorize the San Antonio Mountain Communication Site Lease Project as described in the preceding section. The analysis for this action is documented in a project record maintained at the Carson National Supervisor s Office. 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 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 no changes to the authorized facilities or increases in the scope of intensity of authorized activities, and the applicant or holder is in full compliance with the terms and conditions of the special use authorization. at 36 CFR 220.6(e)(15). The following resource conditions were considered in determining whether extraordinary circumstances related to the decision warranted further analysis and documentation in an environmental impact statement or an environmental assessment (36 CFR 220.6(b)(i-vii): Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Service sensitive species The Endangered Species Act (16 U.S.C ) requires that federal activities 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. As required by the Endangered Species Act, analysis for the potential effects of this decision on federally listed species has been prepared. There will be no effect to federally listed species or habitat. The review also assessed the potential impact of the proposed action on Service designated sensitive species. There will be no effect to Service designated sensitive species or habitat. Floodplains, wetlands, or municipal watersheds Municipal watersheds are managed under multiple use prescriptions in forest plans. The Carson Plan does not identify municipal watersheds on the forest; as such municipal watersheds will not be impacted by the decision. The project area does not contain flood plains or wetlands. Floodplains and wetlands will not be impacted by the decision. Page 2 of 9

3 Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas Congressionally designated wildernesses, wilderness study areas, and national recreation areas are not present within or adjacent to the project area, and as such will not be impacted by the decision. Inventoried roadless areas or potential wilderness areas Inventoried roadless areas and potential wilderness areas are not present within or adjacent to the project area, and as such will not be impacted by the decision. Research natural areas Research natural areas are not present within or adjacent to the project area and as such will not be impacted by the decision. American Indians and Alaska Native religious or cultural sites and archeological 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, piling, structure, or project that is included in or eligible for, inclusion in the National Register. The project area is within a previously reported heritage inventory. No heritage resources would be affected by the proposed permit renewal. Section 106 of the National Historic Preservation Act also requires Federal agencies to afford the Advisory Council on Historic Preservation and Tribal entities a reasonable opportunity to comment. The quarterly Schedule of Proposed Actions, in which the project has been listed since January 2016, has been mailed to all tribal contacts for the Carson National. One response was received from the Comanche Nation who did not any concerns with the proposed project. I find that there are no extraordinary circumstances related to this decision that may result in significant individual or cumulative environmental effect that would warrant further analysis and documentation in an EA or EIS. Public Involvement Scoping for the proposed action was conducted in accordance with 36 CFR 220.4(e). This action was originally listed as a proposal on the Carson National s website on November 17, The current lease holder, Kit Carson Electric Cooperative, and the proposed lease holder, the government of Taos County, were contacted as interested and affected parties. In addition, I have considered scoping input from an interdisciplinary team established for this project. In reaching my decision, I considered input from Service resource specialists who analyzed the proposal and agency experience in implementing the administrative action of issuing a special use permit. No significant issues were identified. Findings Required by Other Laws and Regulations This decision is consistent with the Carson National Land Management Plan which identifies San Antonio Mountain as an existing electronic site (Special Uses p. 2) and provides for authorized use by local governments under special use permit (Special Uses p. 1): The actions authorized by this decision will comply with applicable federal, state, and local laws and regulations, including, but not limited to: the Endangered Species Act; the Migratory Bird Treaty Act; the Page 3 of 9

4 Bald and Golden Eagle Protection Act; the National Historic Preservation Act; the Native American Graves Protection and Repatriation Act; the Clean Air Act; the Clean Water Act; Executive Order (Floodplains); and Executive Order (Environmental Justice). Administrative Review Opportunities This decision is not subject to administrative review (Pub L. No and Pub. L. No ). Implementation Date This decision may be implemented immediately. Contact For additional information concerning this decision, contact: Ray Martinez; Recreation, Special Uses, and Lands Staff; Canjilon Ranger District; State Hwy 115 Bldg. 358 Canjilon, New Mexico 87515; (575) James D. Duran Supervisor Carson National Date Page 4 of 9

5 In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA s TARGET Center at (202) (voice and TTY) or contact USDA through the Federal Relay Service at (800) Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD- 3027, found online at and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C ; (2) fax: (202) ; or (3) program.intake@usda.gov. USDA is an equal opportunity provider, employer and lender. Page 5 of 9

6 Figure 1. Location of the San Antonio Mountain Communication Site Page 6 of 9

7 Figure 2. Aerial photo of the radio communication facilities at the San Antonio Mountain Communication Site Page 7 of 9

8 Figure 3. Photograph of existing facilities currently permitted to Kit Carson Electric Cooperative. The lease will be reissued to the government of Taos County. Page 8 of 9

9 Project Record Index Document Number Document Date Description Source 1 09/00/ /01/ /01/ /17/ /13/ /04/2016 Carson National Land and Resource Management Plan Special use permit issued to Kit Carson Electric Cooperative Kit Carson Electric Cooperative Site Inspection Form San Antonio Mountain Communication Site Proposal and Specialist Review Tribal Consultation, Carson National s Schedule of Proposed Actions Tribal Consultation, Carson National s Schedule of Proposed Actions 7 05/05/2016 Consultation Response 8 07/01/ /01/ /07/ /15/2016 FS a Holder Initiated Revocation of Existing Authorization SF-299 Application for transportation and utility systems and facilities on federal lands Tribal Consultation, Carson National s Schedule of Proposed Actions Decision Memo for the San Antonio Mountain Communication Site Lease Project USDA Service, Carson National Leonard Lucero, USDA Service, Carson National Marshall Alford, Natural Resource Specialist; Theodore Snyder, Wildlife Biologist; Michael Kyte, Archaeologist; Kathryn Furr, Environmental Coordinator James D. Duran, James D. Duran, Theodore E. Villicana, Comanche Nation Historic Preservation Office Kit Carson Electric Cooperative and Taos County Taos County James D. Duran, James D. Duran, Page 9 of 9