USDA

Decision Memo

FR164 CenturyLink Fiber Optic

U.S. Forest Service

Chequamegon-Nicolet National ForestGreat Divide Ranger District

Sawyer County, Wisconsin

T41N R6W Sections 15, 17, 21, and 22

Background and Need for Action

CenturyLink has proposed the installation of fiber optic cable on National Forest System lands in T41NR6W Sections 15, 17, 21, and 22 Sawyer County, Wisconsin. This proposed installation would consistof approximately 1.75 miles of underground cable along the north side of Forest Road 164, alsoknown as Moose Lake Road. The proposed route is adjacent to an existing underground coppercable. This project would allow CenturyLink to provide improved service to local residents. Ifapproved, the Forest Service would authorize the installation though an amendment to the existingspecial use permit

Permits and easements are granted across NFS lands when the need for such is consistent withplanned uses and Forest Service policy and regulations. Occupation of NFS lands for such uses isauthorized by the Federal Land Policy and Management Act of 1976.

Decision

I have decided to issue a special use permit amendment to authorize the fiber optic cable installation.

A map of the project location is attached to this Decision Memo.

Reasons for Categorically Excluding this Action

The Forest Service has identified typical classes of actions that normally do not requiredocumentation in an environmental impact statement (EIS) or environmental assessment (EA) per 40CFR 1507.3 (b) (2). These types of actions are called categorical exclusions. An action may becategorically excluded from documentation in an EIS or an EA only if that action falls within one of theidentified categories (36 CFR 220.6(e)(2) and when there are no extraordinary circumstances (36 CFR220.6(b)).

The applicable category of action for my decision is identified in 36 CFR 220.6(e)(2) and FSH 1909.15:

• 36 CFR 220.6(e)(2): "Additional construction or reconstruction of existing telephone orutility lines in a designated corridor."

USDA

This is a category of action for which a project or case file and Decision Memo are required.

I also find that there are no extraordinary circumstances that would warrant further analysis anddocumentation in an EA or EIS. I base this finding on the review of extraordinary circumstanceswhich is documented in the Project File document titled: Review for Extraordinary Circumstances, FR164 CenturyLink Fiber Optic (EC Checklist). I took into account resource conditions identified in 36CFR 220.6(b):

• Federally listed threatened or endangered species or designated critical habitat, speciesproposedfor Federal listing or proposed critical habitat, or Forest Service sensitive species will

not be affected by this action (EC Checklist).

. Flood plains, wetlands or municipal watersheds. There are no municipal watersheds withinthe affected area. Mitigation measures would be utilized to minimize impacts on wetlands

and floodplains (EC Checklist).

. This action does not take place in Congressionally designated areas such as Wilderness,Wilderness Study Areas, or National Recreation Areas (Forest Plan FEIS 3-199, 3-201 and EC

Checklist).

. This action is not within or adjacent to an Inventoried Roadless Area (Forest Plan FEISAppendix C, 2000 Roadless Area Conservation Rule, and EC Checklist).

• The project is not within or adjacent to Research Natural Areas or proposed areas (Forest

Plan FEIS Appendix N, EC Checklist).

. American Indian and Alaska Native religious or cultural sites are not expected to be affected

by these actions (EC Checklist).

• Archaeologicalsites or historicproperties or areas would not be affected by these actions(EC Checklist).

Based upon experience with similar types of projects, this action is considered minor in contextand intensity. This action is categorically excluded from documentation in an environmentassessment or environmental impact statement.

Public Involvement

Adescription of the project was posted in the Chequamegon-Nicolet Schedule of Proposed Actions inNovember, 2015. The project proposal was developed by the proponent to provide improvedinternet and email service to the rural residents and small businesses in the Town of Round Lake.

One letter from the Clerk of the Town of Round Lake was received indicating their agreement with

the project. No other inquiries were received.

Findings Required by Other Laws and Regulations

Clean Water Act, As Amended 1977: The Federal Water Pollution Control Act of 1972, as amended,is commonly referred to as the Clean Water Act. Under Section 404, the U.S. Army Corps of Engineers

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USDA

(ACOE) has been given responsibility to regulate the discharge of dredged and fill material into watersof the United States, including wetlands (33 CFR 323.3). There is no discharge of dredged and fillmaterials into waters or wetlands associated with this project. (EC Checklist)

Endangered Species Act (ESA) of 1973, As Amended 1978,1979, 1982, 1988 (16 U.S.C. 1531): ThisAct provides direction to the Forest Service to establish objectives for habitat management andrecovery through the Forest Plan for the conservation and protection of endangered and threatened

species. This project is consistent with these guidelines. There is no critical habitat present in the

project area. (EC Checklist)

National Historic Preservation Act (16 U.S.C. 470): This Act provides direction for Federal agencies to

establish a program for preservation of historic properties. In compliance with this act, potential

impacts to sites eligible for the National Register of Historic Places were considered in this analysis. Ifarchaeological remains are found prior to or during implementation, work will stop immediately until

evaluation and clearance are provided. (EC Checklist).

Wild and Scenic Rivers Act: There are no designated or eligible Wild and Scenic Rivers within the

project area (Forest Plan 3-42).

Wilderness Act: There is no designated or proposed Wilderness within the project area. There are

no Roadless Inventory Areas within the project area (Forest Plan FEIS 3-199).

Objection Opportunities

Pursuant to the Consolidated Appropriations Act of 2014 (Pub. L. No. 113-76) and the Agricultural Act

of 2014 (Farm Bill, Pub. L. No. 113-79), pre-decisional objections processes "shall not apply to anyproject or activity implementing a land and resource management plan ... that is categorically

excluded ....under the National Environmental Policy Act [NEPA]."

The Forest Service continues to offer public involvement opportunities for categorically excluded

projects as provided for in its NEPA procedures found in 36 CFR 220.

Implementation Date

Implementation may start immediately after the date of signature on this document.

Contact

This Decision and other project documents are available on the World Wide Web at:

http://www.fs.usda.gov/proiect/?proiect=48062. For additional information concerning thisdecision, contact: Jonathan McNeill, Project Leader, 1170 4th Ave. S., Park Falls, Wl 54451, phone715-762-5154, email jdmcneill(5)fs.fed.us.

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USDA

Signature of Deciding Officer

kPAUL I. V. STRONG

Forest Supervisor

Date

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, nationalorigin, age. disability, and where applicable, sex. marital status, familial status, parental status, religion, sexual orientation, genetic

information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Notall prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication ofprogram

information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file acomplaint of discrimination, write to USDA. Director. Officeof Civil Rights. 1400 Independence Avenue. S.W.. Washington. D.C. 20250-

9410. or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunityprovider and employer.

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