Page 1 of 4 DRAFT DECISION MEMO Hansell Water Transmission ...

DRAFT DECISION MEMO
Hansell Water Transmission Pipeline 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
BACKGROUND
This permit renewal will authorize the maintenance and operation of a water transmission pipeline to
Arlene R. Hansell. The purpose of this permit is to authorize the conveyance of water from National
Forest lands to private property for domestic use. This special use has been authorized to Arlene R.
Hansell since 2003. The water system has been in place since 1992, then authorized to property owner
Josephine Aubrey. This authorization will permit the holder to use National Forest Lands under the
authority found in 36 CFR 251.53. Site inspections and environmental analysis reveal that no
extraordinary circumstances exist that might cause the action to have significant effects upon the human
environment. The permit holder is in full compliance with the terms and conditions of their current special
use authorization.
DECISION
I have decided to authorize a special use permit to Arlene R. Hansell for the ongoing use, maintenance
and operation of a water system right of way of minimum essential width (4 feet) and approximately 1600
feet long of 1- ½ inch PVC pipeline from an unnamed spring. This permit covers 0.15 acres, and/or 0.30
miles and is described as: Section 3, T.16 N., R.7 E., Humboldt Principal Meridian on the Happy
Camp/Oak Knoll Ranger District (see attached site map).
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, 2023.
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:
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 or intensity of authorized activities, and the applicant or holder is in full
compliance with the terms and conditions of the special use authorization (36 CFR 220.6(e)(15), as
described in Forest Service Handbook 1909.15, Section 32.2).
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[An interdisciplinary team of specialists is currently reviewing the project area and proposed activities.
Extraordinary circumstances are not anticipated. The language below is drafted in preparation for
decision.]
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 reissuance of this permit or the use of land authorized by the permit.
There is no need for additional analysis or implementation of protective measures under the
Endangered Species Act of 1973.
• 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.
• 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. No archaeological sites, or historic properties or areas are located within the permit area
(Klamath National Forest Heritage Exemption Form, dated xxxx 2013).
• This action is a screened undertaking pursuant to the 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 Identification, Evaluation and
Treatment of Historic Properties Managed by the Pacific Southwest Region, California, dated
February 6, 2013.
PUBLIC INVOLVEMENT AND SCOPING
This action was listed as a proposal on the Klamath National Forest Schedule of Proposed Actions dated
April 1, 2013. Individual scoping notices to other agencies or individuals were not posted. The following
resource specialists reviewed the project: Jon Grunbaum (Fisheries Biologist), Erin Rentz (Botanist), Tim
Burnett (Wildlife Biologist), Zachariah Rodriguez (Heritage Specialist), and Kim Crider (NEPA
Coordinator). Specialists’ input was documented on the Klamath National Forest Special Use Internal
Scoping Form dated XXXX XX, 2013.
FINDINGS REQURED BY OTHER LAWS AND REGULATIONS
This decision is consistent with the 1995 Klamath National Forest Land and Resource Management Plan,
as amended. This permitted area is within a “Riparian Reserve”. The Riparian Reserve will not be
adversely affected by the maintenance and operation of the water transmission line. In reference to the
KNF Land and Resource management Plan, Chapter 3 page 3-6. “Wetlands and riparian areas are
currently managed to provide for wildlife, fish, water and other riparian dependent resources. Other
management activities are permitted if riparian-dependent resources are not adversely affected”.
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Executive Order 12898 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
[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 215.12(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, e-mail, 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 215.14. 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 94592. Appeals may be submitted by FAX
[707-562-9091] 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 96097.
Appeals may be submitted by FAX [530-841-4571] 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 email 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)).
IMPLEMENTATION
[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
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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.
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 96039 or by phone at 530-493-1768.
________________________________________________
PATRICIA A. GRANTHAM
Forest Supervisor
________________________
Date
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the
basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital
or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille, large print, audiotape, etc.) should
contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten
Building, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (202) 720-5964 (voice and
TDD). USDA is an equal opportunity provider and employer.
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