BP A HELICOPTER LANDING AREA PERMIT...

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DECISION MEMO BP A HELICOPTER LANDING AREA PERMIT REISSUANCE USDA Forest Service Colville National Forest Pend Oreille County, Washington DECISION I have decided to authorize the issuance of a special use permit for the continued use and maintenance of an existing helicopter landing area located on National Forest System lands administered by the Sullivan Lake Ranger District of the Colville National Forest. The new special use permit will replace a special use permit held by the U.S. Department of Energy, Bonneville Power Administration for a helicopter landing area that will expire on December 31, 2010. The new permit will be issued for a term of30 years with an expiration date of December 31,2040. The helicopter landing area consists of a clearing approximately 90 feet wide by 240 feet long and is located immediately adjacent to the Metaline Radio Site for a total permit area of 0.5 acres. The legal description of the proposed project is the SEl/4SEl/4 Section 31, T. 40 N., R. 43 E., W.M. The following measure will be made a part of the special use permit: Prevention of Soil Erosion and Infestation bv Noxious Weeds Equipment and tools to be used for clearing maintenance of the helicopter landing area are to be cleaned of soil and potential noxious weed seeds and plant parts prior to being brought onto National Forest System lands. The purpose of this measure is to reduce the risk of introducing noxious weed plant parts or seeds to the disturbed area. REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION Through past experience and review 0 f similar proj ects as well as a review of the proposed action, no extraordinary circumstances were found to exist that would cause the proposed action to have significant environmental effects (pages 5-8 of the Project File Summary). This decision falls within 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." The proposed action is therefore categorically excluded from preparation of an Environmental Assessment or an Environmental Impact Statement. Decision Memo - BP A Helicopter Landing Area Permit Reissuance Pagelof4

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DECISION MEMO

BP A HELICOPTER LANDING AREA PERMIT REISSUANCE

USDA Forest ServiceColville National Forest

Pend Oreille County, Washington

DECISION

I have decided to authorize the issuance of a special use permit for the continued use andmaintenance of an existing helicopter landing area located on National Forest System landsadministered by the Sullivan Lake Ranger District of the Colville National Forest. The newspecial use permit will replace a special use permit held by the U.S. Department of Energy,Bonneville Power Administration for a helicopter landing area that will expire on December 31,2010. The new permit will be issued for a term of30 years with an expiration date ofDecember 31,2040.

The helicopter landing area consists of a clearing approximately 90 feet wide by 240 feet longand is located immediately adjacent to the Metaline Radio Site for a total permit area of 0.5acres.

The legal description of the proposed project is the SEl/4SEl/4 Section 31, T. 40 N., R. 43 E.,W.M.

The following measure will be made a part of the special use permit:

Prevention of Soil Erosion and Infestation bv Noxious Weeds

Equipment and tools to be used for clearing maintenance of the helicopter landing areaare to be cleaned of soil and potential noxious weed seeds and plant parts prior to beingbrought onto National Forest System lands. The purpose of this measure is to reducethe risk of introducing noxious weed plant parts or seeds to the disturbed area.

REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION

Through past experience and review 0f similar proj ects as well as a review of the proposedaction, no extraordinary circumstances were found to exist that would cause the proposed actionto have significant environmental effects (pages 5-8 of the Project File Summary). This decisionfalls within 36 CFR 220.6( e)(15), "Issuance of a new special use authorization for a new term toreplace an existing or expired special use authorization when the only changes areadministrative, there are not changes to the authorized facilities or increases in the scope orintensity of authorized activities, and the applicant or holder is in full compliance with the termsand conditions of the special use authorization." The proposed action is therefore categoricallyexcluded from preparation of an Environmental Assessment or an Environmental ImpactStatement.

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SCOPING AND PUBLIC INVOLVEMENT

Scoping by the Forest Service was initiated through:

I) Sending letters requesting formal consultation to the Kalispel, Colville, and SpokaneTribes of Indians.

2) Publishing information on the project in the Schedule of Proposed Actions (SOP A)beginning with Projects '10, Volume Eighteen, Number Four, Summer Issue, FiscalYear 2010.

3) Sending a scoping letter describing the project proposal and requesting comments to ageneral interest mailing list; and

4) Sending a request for project input resource specialists on the Colville National Forest.

No comments were received and no issues were identified as a result of public scoping.

FINDINGS

The project is consistent with management direction, including standards and guidelines foundin the Colville National Forest Land and Resource Management Plan (LRMP), as amended.Management direction for each Management Area (MA) is provided by the Colville NationalForest Land and Resource Management Plan (Forest Plan) which describes in detail the Goals,Objectives, Standards, Guidelines, and Management Prescriptions (LRMP Chapter 4).

The project area is located in an area designated as MA 5. The emphasis in MA 5 isScenic/Timber with the goal of providing "a natural appearing foreground, iniddle, andbackground along major scenic travel routes while providing wood products" (Page 4-93 ofLRMP). Direction provided by the LRMP regarding special uses in MA 5 is to "Issue specialuse permits for compatil'>le uses" (page 4-95 of LRMP).

The action is consistent with direction contained in Regional Forester's Forest Plan Amendment#2 (see Project File Summary, page 4).

INFISH requires that Riparian Habitat Conservation Areas be delineated, and that Standards andGuidelines found in INFISH Decision Notice Attachment A, pages A-6 through A-13 befollowed. The actions are consistent with INFISH direction (see Project File Summary, page 6).

The actions are consistent with the Forest Plan because mitigation measures (Decision Memo,page I) have been fully applied in the selected actions. The project is feasible and reasonable,and it results in applying management practices that meet the Forest Plan overall direction ofprotecting the environment while producing goods and services.

The determination of the Biological Evaluation (BE) is that since use of the site is expected tooccur while grizzly bears are denning and would be very limited, the project would have noeffect on any Federally listed species of plants or terrestrial wildlife and would have no impacton any sensitive plant species, including nonvascular plants, or terrestial wildlife listed by theRegional Forester (see Project File Summary, pages 5 and 6).

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There would be no fish-bearing streams affected by this project. The helicopter landing area islocated on a dry ridgetop. The determination ofthe BE is that the project would have no effecton bull trout and pygmy whitefish and no impact to redband trout, Umatilla dace and westslopecutthroat trout (see Project File Summary, pages 5 and 6).

The project area is not visible from Washington State Highway 31, a major scenic travelway.Although there is evidence of human activity in the area (the cleared right-of-way for thepowerline that serves the associated communications site), the cleared area that serves as thehelicopter landing area is located on the ridgetop and visible. There is no proposal to modify thelayout of the helicopter landing site (see Project File Summary, page 6).

There would be no measurable change in the types of recreation opportunities available to thepublic (see Project File Summary, page 7).

It was determined that implementation of the project, as proposed, would not affect heritageresources (see Project File Summary, pages 7-8).

This action does not pose a violation of Federal, State, or local law requitements imposed for theprotection of the environment. It does not individually or cumulatively have a significant effect(40 CFR 1508A) on the quality ofthe human environment.

This is not a major Federal action. It will have limited context and intensity (40 CFR 1508.27),individually or cumulatively, to the biological, physical, social, or economic components of thehuman environment. It will have no adverse effect upon public health or safety; consumers, civilrights, minority groups and women; prime farmland, rangeland, and forest land; wetlands andfloodplains; significant scientific, cultural or historic resources; roadless areas; steep slopes orhighly erosive soils; old growth forest options; or to designated Wilderness.

Legal Requirements

National Forest Management Act of October 22,1976 (NFMA): Provisions ofNFMAapplicable to all projects require the following: (a) resource plans and permits, contracts, andother instruments shall be consistent with the land management plan; (b) insure considerationof the economic and environmental aspects of management, to provide for outdoorrecreation, range, timber, watershed, wildlife, and fish; and (c) provide for diversity of plantand animal communities. All of these considerations and requirements are addressed in theDecision Memo and the various resource reports in the Project File Summary. Therefore,project actions are consistent with these provisions ofNFMA.

The National Environmental Policy Act of 1969, as amended (NEPA): An analysis ofpotential environmental effects associated with implementation ofthis project has beencompleted and is documented in the Project File Summary. Preparation of the Project FileSummary and this decision document are consistent with the provisions ofNEP A.

IMPLEMENT ATION

This project may be implemented immediately. The Forest Supervisor expects implementationto occur by December 2010.

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ADMINISTRATIVE REVIEW OR APPEAL

This decision is not subject to appeal pursuant to 36 CFR 215.12 (t).

This decision is subject to appeal by the permittees under 36 CFR 251. This decision is exemptfrom appeal under this regulation by any other parties. An appeal by the permittee under 36 CFR251 must follow the filing procedures in 251.88, and must meet all of the requirements in 251.90,including a statement of the facts of the dispute and issues raised by the appeal. The appeal mustinclude specific references to any laws, regulations, or policies that the permittee believes havebeen violated. The appeal must be in writing and must be postmarked or hand delivered within45 days of this decision to:

U.S. Mail: Regional ForesterAttention: 1570 AppealsPacific Northwest RegionP.O. Box 3623Portland, OR 97208-3623

Delivery Service: Regional ForesterAttention: 1570 AppealsPacific Northwest Region333 SW First Avenue

Portland, OR 97204-3440

Alternately, appeals may be faxed to the Regional Forester at (503) 808-2339, or emailed [email protected]. The permittee is also required tosimultaneously send a copy of the appeal to the project deciding officer:

Forest Supervisor765 South Main

Colville, WA 99114

Alternately, duplicates of the appeal may be faxed to the Forest Supervisor at (509) 684-7280, orernailed to [email protected]. Pursuant to 36 CFR 251.84, Iam willing to meet with the applicants or holders to hear and discuss any concerns or issuesrelated to this decision. If an applicant or holder wishes to do so, please contact the contactperson listed below.

The appeal period is 45 days and begins the day after the date of this decision.

Questions regarding this decision should be submitted by mail to Kim A. Di Rienz, ForestSpecial Uses Coordinator, Sullivan Lake Ranger District, 12641 Sullivan Lake Road, MetalineFalls, WA 99153, or by telephone at (509) 446-7540, or email at [email protected].

LAURA JO W

Forest SupervisorColville National Forest

I j;;,;t / It'Date

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