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BACKGROUND

DECISION MEMO

Tower Mountain Centurylink (SUP) U.S. Forest Service

Township 6 South, Range 34 East , Section 12 North Fork John Day Ranger District

Umatilla County

The permit for the existing phone repeater on Tower Mountain which serves Starkey, Oregon, and adjust areas expired in 2012. The repeater is currently powered by solar, which is unreliable during certain part of the year. There is a need to re-issue an existing authorization and add an additional power source to provide for public communication and safety.

DECISION

I have decided to re-issue a Special Use Permit to allow the continuation and maintenance of the current structure. This maintenance includes allowing the occasional removal of the surrounding (small diameter) trees to maintain a clear path for the repeater and maintenance to the structure. This CE would also authorize the modification of the existing telephone communication facility to add a power generator and fuel source in a protective shed. A 500 gallon propane tank and a 10 by 10 foot shed would be installed at the base of the existing tower by Century Link.

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 Title 36 of the Code of Federal Regulations (CFR), 220.6(e)(3) and Forest Service Handbook 1909.15, section 32.2(3) aJlow the categorical exclusion of such activities 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)).

This category of actions is applicable because here are no extraordinary circumstances, including any uncertainty in the potential for having effect which may significantly affect the environment. My conclusion is based on information summarized in this document and the project file.

I find that there are no extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist:

• Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species - Determinations of no effect were made for all aquatic species, wildlife, and botanical species as well as their designated critical habitat.

• Flood plains, wetlands, or municipal watersheds - none are present.

• Congressionally designated areas such as wilderness, wilderness study areas, or national

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recreation areas - none are present.

• Inventoried roadless areas or potential wilderness areas - none are present.

• Research natural areas - none are present.

• American Indians and Alaska Native religious or cultural sites - The Forest regularly consults with the Confederated Tribes of the Umatilla Indian Reservation and the Confederated Tribes of Warm Springs Reservation of Oregon. The Forest consulted, via program of work meetings, with the potentially affected Tribes (Umatilla and Warm Springs), and no significant effects were determined or identified. Hence, the project will not undesirably alter any known American Indian religious or cultural sacred sites.

• Archaeological sites, or historic properties or areas - The proposed project site is located on a previously approved designated communications site and has undergone a project review for Heritage Resources under the terms of the 2004 Programmatic Agreement (PA) among the USPS R6, Advisory Council on Historic Preservation, and Oregon State Historic Preservation Office. A clearance form has been completed which serves to document the Forest Service's commitment to carry out and conclude their responsibilities under Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108). This project has been determined by a Heritage resource specialist to meet the criteria listed in Appendix A, Stipulation A-12, of the PA as the undertaking has little to no potential to affect historic properties. This stipulation specifically addresses routine operations such as this "12) Issuance of special-use permits where the potential to cause ground disturbance or affect historic properties is negligible, including but not limited to: a. Along rivers, well-established trails, and other specified areas where use is similar to previous permits for which environmental documents have been prepared, and which would not substantially increase the level of use or continue unsatisfactory environmental conditions."

PUBLIC INVOLVEMENT

This action was originally listed as a proposal on the January 2017 Umatilla National Forest Schedule of Proposed Actions and updated periodically during the analysis. Scoping was performed internally; the responsible official determined that external scoping was not necessary.

FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS

This decision is consistent with the Umatilla National Forest Land and Resource Management plan (Forest Plan), Final Environmental Impact Statement (FEIS), and Record of Decision (ROD) dated June I 1, 1990 and all subsequent NEPA analysis for Forest Plan amendments.

ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES

Recent legislation has changed the appeal/objection process for categorically excluded actions. The Consolidated Appropriations Act of 2014 (Pub.L.No.113-76), Section 431 directed that the

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lJSDA -::-=- a 1992 and 2012 legislation establishing the 36 CFR 2 I 5 (post-decisional appeals) and 36 CFR 218 (pre-decisional objections) processes were not applicable to projects that are categorically excluded under the National Environmental Policy Act. The Agricultural Act of 2014 (Farm Bill) (Pub. L. No. I 13-79), Section 8006 repealed the Appeals Reform Act (ARA) (Pub. L. No. 102-381 ). The ARA's implementing regulation was 36 CFR 215.The 2014 Farm Bill also directs that the pre-decisional objection process established in the Consolidat~d Appropriation Act of 2012 shall not be applicable to categorically excluded projects or activities.

As a result of these two statutes, notice, comment and appeal opportunities pursuant to 36 CFR 215 are no longer available for categorically excluded projects. Therefore there will be no administrative review (objection or appeal) period for this decision.

IMPLEMENTATION DATE

This decision is not subject to administrative review pursuant to 36 CFR 218.23. Implementation may begin immediately and work is planned to begin spring of 2017.

CONTACT

This Decision Memo and associated project file, including maps, may be viewed by appointment at the North Fork John Day Ranger District at 401 W. Main St, Ukiah, Oregon 97880. Contact Janel Lacey at 541 -427-5394 for further information concerning this project.

,;i? North Fork John Day District Ranger and Responsible Official

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Date

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USDA is an equal opportunity provider, employer, and lender.

El USDA es un proveedor, empleador y prestamista que ofrece igualdad de oportunidad.

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