I Water (non-power generating) Transmission Special Use Authorizations

(47179) Decision Memo

Stanislaus National Forest Alpine, Calaveras, and Tuolumne Counties, CA

This decision memo provides documentation, pursuant to the National Environmental Policy Act (NEPA) and related to issuance of a Special Use Permit (SUP) to four proponents to authorize the use and maintenance of existing water transmission lines and/or water supply tanks. Two of the project s ites are located on the Calaveras Ranger District in Calaveras and Alpine Counties and two sites are located on the Mi-Wok Ranger District in Tuolumne County, California (see Appendix B).

Purpose and Need

The Forest Service completed the Stanislaus National Forest Land and Resource Management Plan (Fqresl Plan) on October 28, 1991. The Stanislaus National Forest "Forest Plan Direction" (USDA 20 I 0)1

presents the current direction, based on the original Forest Plan, as amended. The Forest Plan Goal for Lands: "Consider special uses of the National Forest where public needs cannot be met on private lands and where such uses conform to management dire,ction for the area (p. 6).

The overal I purpose of this project is to issue 5 SUPs to authorize tlte 11.'ie and 111ai11te11a11ce of National Forest System (NFS) /1111ds for existing water tm11smissio11 line, dei•eloped .\pri11g boxes, and tlte placement of water storage tanks based on the following needs:

• Domestic water supply and use to individual residences and communities who possess California State Water Rights.

Proposed Action

The Proposed Action is lo re-issue five water system SUPs for existing water supply tanks, developed springs, and/ or transmission lines <12". The reissuance of these existing permits will authorize the operation, use and maintenance of water supply systems to private residences. The locations of these water supply systems are between Tamarack Lodge and the community of Bear Valley (Sections ·11 , 12, 13 and 22, T7N, RI 7E, MDBM) and in proximity of the Twain Harte community (Section 4, T2N, RI 6E, MDBM). Project details are as follows:

I. Operations and Maintenance: ongoing operations and maintenance of the water supply systems are on an as-needed basis and require minimal access.

Requirements

The Proposed Action also includes the following requirements to be included in the SUP's:

I. Water System Improvements: any proposed improvements (site specific improvements may include maintenance or replacement or water tanks, concrete pads, replacement of sections of buried transmission lines, or removal of brush for fiJe clearances) are subject to the terms and conditions of the SUP. Proponents must submit maintenance plans no less than six (6) months prior to any work beginning on NFS lands and are subject to approval by the Forest Supervisor.

2. Project Monitoring: to ensure adequate pre/post project implementation and monitoring, the SUP will include the following measures: (a) a minimum of six (6) months of notice to STF staff

1 USDA 2010. Stanislaus National Forest, Forest Plan Direction. Forest Service, Pacific Southwest Region, Stanislaus National Forest. Sonora, CA. April 2010. 196 p.

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Decision Memo

regarding project start date; and, (b) submittal of pre- and post-project photographs depicting the landscape/area of effect at each location.

3. Emergency response and repairs: proponents are requ ired to notify the permit administrator of any breaks or repairs needed to be made in an emergency situation within 72 hours of when damage OCClll'S.

4. Noxious Weeds: the SUP will include measures to prevent the introduction or spread of noxious weeds including: (a) cleaning of equipment and vehicles prior to entering/ access ing NFS lands for project maintenance; and, (b) post project monitoring for weed establishment. If weed species are found, holder is res1)onsible to take prescribed measures to erad icate prqject introduced weeds, with guidance from associated district botanist.

Decision

My decision is to implement the proposed action as described above. This action fa lls within categories of actions that are excluded from documentation in an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) and no extraordinary circumstances2 would preclude use of the category: Approval, modification, or continuation of minor special uses of NFS lands th.at requ ire less than five contiguous acres of land [36 CFR 220.6(e)(3)] . Appendix A contains a "Review of Extraordinary Circumstances" suppo11ing my determination that no extraordinary circumstances exist.

Resource specialists input covering heritage, hydrology, and terrestrial and aquatic wildlife are included in the project fi le. I considered their recommendations in making this decision.

Reasons for the Decision

This decision will provide overa ll benefits to the individuals and communities that these water systems serve.2

Public Involvement

The Forest Service first listed the Reissuance of the Water Transmiss ion Permits in the Stanislaus National Forest Schedule or'Proposed Actions (SOPA) in June 2015. The Forest distributes the SOPA to about 160 parties and it is avai lable on the internet [http://www.fs.fed .us/sopa/forest-level.php? l 10516J. Prior to the Ju ly listing, on June I, 2015, this project was covered at the annual Triba l Consultation meeting. between the STF and the Tuolumne Band of the Me-Wuk Indians. No comments have been received regarding project components on NFS lands.

Findings Required by Other Laws

This action is consistent with the Forest Plan; the National Historic Preservation Act; and all other applicable laws and regulations (see Appendix A).

Implementation Date

The procedures for legal notice and opportunity to comment do not apply to this project; therefore, implemei1tation of the decision may begin immediately upon issuance of the SUP.

Administrative Review or Appeal Opportunities

This decision is not subject to administrative review3.

2 The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion (CE). II is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions that determine whether extraordinary .circumstances exist. (36 CFR 220.6(b)) 3 The Consolidated Appropriations Act of 2014 (P.l. 113-76; January 17, 2014) directs that the 1992 and 2012 legislation establishing the 36 CFR 215 (post-decisional appeals) and 36 CFR 218 (pre-decisional objections) processes shall not apply to any project or activity

2

Water System Special Use Peirnits (47 179)

Contact Person For add itional information about this project, contact Christine Meyers, Special Uses Resource Ass istant, Stanislaus Nationa l Forest Supervisor's Office, 19777 Green ley Road, Sonora, CA 95370; or, call (209) 532-367 1 ext. 449.

Signature and Date

Date

implementing a land and resource management plan that is categorically excluded under NEPA. The Agricultural Act of 2014 (P.L. 113-79; February 7, 2014) repealed the Appeals Reform Act (P.L. 102-381) and directs that the pre-Oecisional objection process established in the Consolidated Approprialion Act of 2012 shall not apply to categorically excluded projects or activities.

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Decision Memo

APPENDIX A Review of Extraordinary Circumstances

In accordance \yith FSH 1909.15 Section 30.3(2), the Responsible Official considered the following resource conditions in determining whether extraordinary circumstances related to the proposed action would warrant fwther analysis and documentation in an Environmental Assessment (EA) or an Environmental Impact Statement (EIS). ·

1. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species.

This project would not affect California red-leggecf frog, Sierra Nevada yellow-legged frog, Yosemite toad, western pond turtle, foothill yellow-legged frog, or hardhead nor would the project(s) affect the habitats these species rely upon (Steve Holdeman, Forest Aquatic Biologist, Stanislaus National Forest; email 09/ 16/2015).

There will be no effect or extraordinary circumstances imposed on federally listed threatened, endangered or sensitive terrestrial species (per Biological material(s) provided by Adam Rich, Acting District Resource Management Lead, Summit Ranger District Biologist, Stanislaus National forest).

2. Flopdplains, wetlands or municipal watersheds.

Floodplains: Executive Order 11988 defines floodplains as," ... the lowland and relatively flat areas adjoining inland and coastal waters including flood prone areas of offshore islands, including at a minimum, that area subject to a one percent [ IOO-year recurrence] or greater chance of flooding in any one year."

The Project will not modify or occupy floodplains to an extent greater than already exists. Two existing waterlines associated with special use permits STF I 025 and CAL3 18 occupy floodplains. Portions of features associated with special use permit STF l 025 are located within close proximity of an unnamed tributary that feeds into Bear Creek. Portions of features associated with special use permit CAL318 are located within c lose proximity of an unnamed tributary that feeds several other unnamed tributaries before it reaches the North Fork Stanislaus River. These features are existing features located in the I 00-year floodplain . As such, there will be no adverse impacts to floodplains; thereby complying with Executive Orders (EO) 11988 and FSH 1909.15, Chapter 31.2. CA Department of Water Resources ' (DWR) Best Available Map used to display the latest floodplains in a web viewer located at http://gis.bam.water.ca.gov/bam was reviewed for this project.

Wetlands: Executive Order 11990 defines wetlands as," ... areas inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soi I conditions for growth and reproduction . Wetlands generally include swamps, marshes, bogs, and simi lar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds."

The Project does not propose to modify or destroy wetlands. None of the existing features were located in a wetland. As such, the Project will not adversely affect wetlands; thereby complying with EO 11990 and FSH 1909.15, Chapter 31.2. U.S. Fish and Wildlife Service National Wetlands Inventory was reviewed for this project.

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Water System Specia l Use Permits (47 179)

Municipal Watersheds: f-SM 2542.05 defines municipal watersheds as: "A watershed that serves a public water system as defined in the Safe Drinking Water Act of 1974, as amended (42 U.S.C. §§ 300t: et seq.); or as defined in state safe drinking water statutes or regulations."

The Central Valley Regional Water Quality Control Board lists the following beneficial uses in the Basin Plan (Fourth Edition - 20 11 ): Existing Municipal and Domestic Supply.

MIW4 and MIW6 are located close to the Main Tuolumne Ditch that feeds Phoenix Lake Reservoir.

These waterlines arc existing features on the landscape. BMPs and management requirements associated with thi s project and maintenance specifications are intended to minimize the risk of sedimentation. This Project is not expected to negatively affect beneficial uses of water; thereby complying with FSH 1909.15, Chapter 31.2. 4.1.4. Congressionally designated areas: No congressionally designated Wilderness or National Recreati on.

3. Congressionally designated areas such as wilderness, wild and scenic rivers, or national recreation areas.

No congressionally designated Wilderness, Wild and Scenic Rivers, or National Recreation Areas exist within the project area.

The Stan.islaus River is not designated by Congress; however, since a portion of the Stanislaus is eligib le and recommended for Wild and Scenic designation, it is managed to protect the Scenic and Recreation values that resulted in its eligibility (USDA 1991, p. 35)4. This proposed action is not anticipated to affect the Wild and Scenic River va lues on this segment.

4. Inventoried Roadless Areas.

No existing or proposed Inventoried Roadless Areas exist within or adjacent to the project areas.

5. Research Natural Areas.

No existing or proposed Research Natural Areas (RNAs) exist within or adjacent to the project areas .

6. American Indians and Alaska Native religious or cultural sites.

No existing American Indian or Alaska Native religious or cultural sites exist within or adjacent to the project areas. ·

7. Archaeological sites, or historic properties or areas.

Sec item 6 (American Indians and Alaska Native religious or cultura l sites) above.

4 USDA 1991. Appendix E Wild and Scenic River Study Eligibility and Suitability. Stanislaus National Forest Land and Resource Management Plan, USDA Forest Service, Stanislaus National Forest, Sonora, California.

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Appendix B Water Transmission Permits to be Reissued on the Mi-Wok Ranger District, Stanislaus National Forest

Authorizations MIW4 & MIW6

"--..

Authorization MIW5

~0· Ruby Hi Spring

.. r-· ·· · ~

/ / ." / ·' ··. aterline crosses 2N63 : --+----t--F-~ , ' q

- ==~.::::?' 3905 Legend

8 052 Water Supply Points

N

A .--- Water Transmission Lines under SUP

0 0.003£6)065 0.01 3 0.01 95 0.026 - - Miles

Appendix 8 Water Transmission Permits to be Reissued on the

Calaveras Ranger District, Stanislaus National Forest

.1 Authorization CAL318 I I '

}

Legend N

A e . 052 Water Supply Points

.. .. .. ~::\

·::; S~ring bo

'~·: .. - ·'.-:-,.~:.~ ..

() 0 ~ Q)

· .............

--Bloods Point

-....-unicati~

Site · ........ :,

..

0 0.0176.035 0.14 1.-- Water Transmission Lines under SU ••c::m•c:::::m--= .. ===, =::J--Miles 0.07 . 0.105