DECISION MEMO

TRI STATE TELECOM, INC.

SWAN LAKE POINT COMMUNICATION SITE

U.S. FOREST SERVICE

T. 36 S., R. 9 E., WM., SECTION 32CHILOQUIN RANGER DISTRICT

KLAMATH COUNTY, OREGON

The project area is located approximately 15 miles north of the city of Klamath Falls, Oregon.The overall project area includes approximately three acres within the vicinity of Swan LakePoint.

This decision authorizes the re-issuance of a Communications Use Lease to Tri State Telecom,Inc. (Tri State) for occupancy and access of National Forest System (NFS) lands and roads forthe continued operations and maintenance activities of their communications' uses andfacilities. It also authorizes the upgrades to the overall Tri State site for the followingactivities:

• Upgrade existing 105' tower with 140' high self-supported tower. Base dimensions 21' x21'. Tower will be located at 42, 24, 30, 3N and 121, 40, 07, 6W. Tower tops will nothave lights.

• Prepare ground and install concrete footings for new tower. Holes will be drilledapproximately 20' deep for steel bar reinforcements to be installed into bedrock.Concrete footings will be installed 6' feet. Drill will be used to install footings.

• Rock from drilled holes for footings will be either placed as surfacing for the permanentaccess route to the base of the tower or disposed of in a designated disposal site near theproject area. The disposal site will be designated and confirmed with the South West(SW) Zone archaeologist.

• A permanent access route to the base of the tower will be constructed. The route will becreated from the access road to the west of the proposed tower site to the base of thetower. It will be approximately 50' x 14'. The construction will include removing liveand dead lodge pole pine trees, road maintenance, and laying project created rock as asurface if necessary.

• A temporary access route will be constructed to the base of the proposed tower site. Theroute will be approximately 200' long and 16' wide and will be routed around thenorthern guy wire. The temporary access route will be used during the constructionphase of the project and then reclaimed. The construction will include removing live anddead lodge pole pine trees, and road maintenance. Reclamation could include re-

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contouring, scarification of soil, scattering rocks and woody material, seeding with nativegrasses, and planting trees.

• Approximately 30 lodge pole pine trees, live and dead, will be felled during the projectconstruction. The dead trees may be removed for firewood, with permit, by the projectproponent. The live trees will be left on site in an area designated by the SW Zone fuelsspecialist if not used for reclamation. Trees used for reclamation will be left whole withlimbs and top attached. Trees not used for reclamation will left in 6' lengths with thelimbs and tops piled as specified by the SW Zone fuels specialist.

• A retaining wall approximately 20' x 10' will be constructed north of the existing shelterapproximately 10' from the shelter for erosion control.

• The existing 105' triangular tower will be removed. Three guy wires attached to theexisting tower will be removed by cutting the wire, the footing will remain buried toavoid ground disturbance.

• The existing 40' wooden tower, east of the shelter, will be removed.• The existing 40' wooden tower will be replaced by a galvanized steel monopole in the

same location. The monopole will be 40' or no higher than the existing woodenstructure, approximately 16" at the base.

• Three existing free-standing wood poles will be removed. The poles will be felled atground level to avoid ground disturbance. If the poles are a construction obstruction forthe new tower, they will be dug up and removed whole. The poles would be removedand disposed of off National Forest.

• An ice bridge will be constructed from the existing shelter to the new tower over cableholding conduit. The ice bridge will be constructed of galvanized steel and will beapproximately 2' by 20'.

• Paint shelter (SW Zone archaeologist will determine color)• Year one construction would be site preparation and the second year of construction

would be tower install<;ltionand other facility upgrades.

I have decided to approve the reissuance of a Communications Use Lease (Lease) to Tri State foroccupancy and access (Forest Roads 9718; 9718-740; 2200) on National Forest Service landsand roads for the use and upgrade of communication use facilities at Swan Lake Point.

This action is categorically excluded from documentation in an environmental impact statement(ElS) or an environmental assessment (EA). The applicable category of actions is identified inagency procedures as Title 36 Code of Federal Regulations 220.6(e)(3). "Approval,modification, or continuation of minor special uses of National Forest System lands that requireless than five contiguous acres of land."

I find that there are no extraordinary circumstances that would warrant further analysis anddocumentation in an EA or ElS. I took into account resource conditions identified in agencyprocedures that should be considered in determining whether extraordinary circumstances mightexist:

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)A-Federally listed threatened or endangered species or designated critical habitat, species

proposed for Federal listing or proposed critical habitat, or Forest Servicesensitive species - The fisheries biological evaluation for the project determinedthat there would be "no effect" on listed fish species. No critical habitat for listedfish is found in the project area or is potentially affected. Consultation with theUS Fish and Wildlife Service is not required. Federally threatened, endangered,and candidate wildlife species' lists for the Fremont-Winema NF were evaluatedto determine if individuals or habitat could potentially be affected by the proposedproject. None are known to be present in the project area. Documented orsuspected habitat for federally listed Threatened, Endangered, or Candidate plantspecies does not occur on the Fremont-Winema National Forest. Applegate'smilkvetch (Astragalus applegatei) is listed as Endangered in Klamath County.There is no suitable habitat in or near the project area for this species. Most of thesensitive species documented or suspected to occur on the Fremont-Winema NFdo not have potential habitat in the project area. Therefore, the project will haveno impact on these species.

Flood plains, wetlands, or municipal watersheds...:....The project does not propose to occupyor modify any floodplains or wetlands. Therefore, implementation of this projectis consistent with Executive Order 11988 and 11990. The project area is notwithin a municipal watershed.

Congressionally designated areas such as wilderness, wilderness study areas, or nationalrecreation areas - The authorized locations for occupancy are not withindesignated wilderness, wilderness study areas, or national recreation areas.

Inventoried roadless areas or potential wilderness areas - There are no inventoriedroad less areas or areas suitable for wilderness designation within the project area.

Research natural areas - There are no Research Natural Areas within the project area.

American Indians and Alaska Native religious or cultural sites - The Klamath Tribeswere consulted to identify traditional cultural values, Tribal use areas, plantgathering areas, spiritual places, and religious sites. Surveys were conducted toOregon State Historic Preservation Office (SHPO) standards of 100 percentcoverage, for the area of potential impact. Archaeological sites, contemporary usesites, and culturally significant resources will be avoided by project design. Theproject will have no adverse effect on significant cultural resources. SHPOconcurred that this project would have no adverse effect on significant culturalresources on August II, 20 II. National Historic Preservation Act, Section l06compliance is on file for the proposed project at the Chiloquin Ranger District.

Archaeological sites, or historic properties or areas -The project design criteria will beimplemented to prevent any adverse effects to archaeological sites or historicproperties.

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This action was originally listed as a proposal on the Fremont-Winema National Forest Scheduleof Proposed Actions in the summer of 2010 and updated periodically during the analysis. Thisaction was originally scoped with the public beginning July 12,2010. The public scoping letter,including the proposed action, was sent to an extensive mailing list on file at the ChiloquinRanger District office. Organizations or local businesses responding to the public scopingincluded: Chiloquin Ridge Riders, Rocky Point Fire and EMS

This decision is consistent with the Winema National Forest Land Management Plan. The projectwas designed in conformance with the Land Management Plan's direction relevant to specialuses.

ADMINISTRATIVE REVIEW (ApPEAL) OPPORTUNITIES

This decision is not subject to appeal.

Project implementation will occur between October L, 2011 and October 31, 2012, depending onsite accessibility.

The following management requirements are applied to the proposed action:

I. Tri State (their contractors; assigns; etc.) will adhere to all identified lease clauses providedby the Forest in addition to all Design Criteria provided here.

2. Industrial Fire Precaution Level (IFPL) restrictions and Public Use Restriction Orders, whichmay include restrictions for uses of motorized access, apply to activities proposed within thisproject and would not be permitted outside of the guidelines established within the IFPL orrestriction order. The proponent may pursue a waiver for proposed actions at the desiredtime of implementation.

3. Identification of danger trees will be done by a certified Forest Service employee during apre construction visit and/or during construction. Felling of danger trees will be done by TriState.

4. Disturbance of and riparian vegetation removal will be minimized to the greatest extentpossible.

5. All disturbed areas will be restored as closely as possible to pre-disturbance contours uponconstruction completion.

6. Motorized cross-country travel will utilize existing user created routes and limited off-roaduse.

7. The project may increase the risk of introduction of invasive plants in the area, or spread ofexisting sites. The following prevention measures will be used to minimize these risks:equipment used in implementation will be washed prior to entry onto the forest, any fillmaterial used will be certified weed free by the district or forest botanist, and if noxious

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weeds are discovered during implementation, please consult district botanist.8. All trash and waste, including food wastes and activities wastes, will be removed from the

project area and not disposed of by leaving on-site. Disposal will be in a DEQ approvedsolid waste disposal site.

9. SW Zone roads manager would determine the start date of construction and access timing.Any snow drift removal that would be needed would follow a process outlined by the roadsmanager to avoid soil disturbance.

10. Water is not available for any construction or road maintenance activities on National Forestlands.

11. Motorized use will not be permitted within 300' of any perennial stream, unless the use is onan existing National Forest System Road.

12. Portable sanitation facilities (i.e., portable toilets and hand washing stations) will be on siteduring construction and will not be located within 300' of any perennial stream, or within150' of any ephemeral stream.

13. Contractor campsites will be authorized under a separate Industrial Camping Permit and notbe located within 150' of any perennial stream.

14. Equipment and trucks will stay on roads and designated access routes. Equipment will bestaged at turn outs along the road in designated staging areas.

15. Forest Service road 9718-740 to Swan Lake Point may be closed to public access duringconstruction for public safety.

16. Tri State will perform road maintenance, if required by the SW Zone roads manager.17. Forest Service specialists will be on-site during activities, particularly site preparation

activities, to monitor activities to protect resources, control the amount and locations of off-road use, and ensure enforcement of identified Design Criteria and Lease Clauses.

18. All open roads that access Swan Lake Point will be signed informing the public ofconstruction activities.

For additional information concerning this decision, contact: Catherine Callaghan, RealtySpecialist, Fremont-Winema National Forest Supervisor's Office, 1301 South G Street,Lakeview, OR 97630; (541) 947-6326.

-;J/l.£~~c·~ENCEDistrict Ranger

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The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race.color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion,sexual orientation, genetic information, political beliefs, reprisal. or because all or p<U1of an individual's income is derivedfrom any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who requirealtemative means for communication of program information (Braille, large print. audiotape. etc.) should contact USDA'sTARGET Center at (202) 720-2600 (voice and TOO). To file a complaint of discrimination, write to USDA, Director.Office of Civil Rights, 1400 Independence Avenue. S.W., Washington. D.C. 20250-9410. or call (800) 795-3272 (voice) or(202) 720-6382 (TOO). USDA is an equal opportunity provider and employer.

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