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BACKGROUND

DECISION MEMO

WOOTEN WATER SYSTEM

U.S. FOREST SERVICE

KRASSEL RANGER DISTRICT

PAYETTE NATIONAL FOREST

VALLEY COUNTY, IDAHO

The need for this project is to respond to a request from Galen Wooten to operate and maintain a water system on National Forest System land. A special use authorization was issued in 1995 to Thomas 0. Wooten and the permit expires on December 31, 2015 . A permit would be re-issued for a term of 20 years. An operation and maintenance plan would be attached to the permit and updated as needed.

The purpose of this project is to authorize the continued operation and maintenance of a water system on the Payette National Forest through the issuance of a special use permit. The water system provides domestic water for a residence on private land adjacent to the National Forest.

The water system is located in the Big Creek area on the Krassel Ranger District. The project area is .12 acres or .25 miles in T. 21N., R. 9E., section 34 and 35; Boise Meridian, Valley County, Idaho, roughly 40 air miles northeast of McCall, Idaho.

DECISION

I have decided to issue a special use authorization to Galen Wooten for operation and maintenance of a water system. The water system consists of a screened 3 inch intake pipe, 4' x 4' x 8' concrete collection tank, and approximately 1320' of 3" buried pipe carrying water to private property.

Required mitigation measures for this project (Exhibit A) will be addressed in the operation and maintenance plan of the special use permit.

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 36CFR 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. This category of action(s) is applicable because this is a reissuance of a current permit for an existing water system.

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

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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: There is no effect to Canada Lynx or Northern Idaho Ground Squirrel. No designated or proposed critical habitat for any TEP wildlife species. May impact individuals or habitat for Columbia Spotted Frog. No impact on all other sensitive wildlife species. This project was addressed in the Biological Assessment for Big Creek water diversions, dated October 26, 2012, with a determination oflikely to adversely affect listed species and/or critical habitat and not likely to lead to listing for westslope cutthroat trout (sensitive fish species). Mitigation measures from NOAA National Marine Fisheries Service Biological Opinion 2012/9526 and US Fish and Wildlife Service Biological Opinion OlEIFW00-2013-F-011 l were including in new operation and maintenance plans in 2014. These mitigation measures are included in Exhibit A and will be attached as the operation and maintenance plan to the new special use permit. No effects to TEPC plants. No impacts to sensitive plants. No rare plants or whitebark pine in the area.

• Flood plains, wetlands, or municipal watersheds: No effects to flood plains, wetland, or municipal watersheds. There is a confirmed water rights #77-7236 for 0.04 cfs.

• Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas: No effect. The project is not located in congressionally designated areas.

• Inventoried roadless areas or potential wilderness areas: No effect. The project is not located in an Inventoried roadless area.

• Research natural areas: No effect. The project is not located in a research natural area.

• American Indians and Alaska Native religious or cultural sites: Consultations were conducted with Shoshone Paiute Tribes on July 9, 2015, Shoshone Bannock tribe on August 27, 2015, and Nez Perce Tribe on September 2, 2015. No specific information on American Indian Religious or Cultural Sites was received.

• Archaeological sites, or historic properties or areas: There is one historic property in the vicinity of the project area. This permit renewal constitutes No Adverse Effect to this property. SHPO concurred with this finding on November 13, 2015. Report #PY2016-2678.

P UBLIC INVOLVEMENT

This action was originally listed as a proposal on the Payette National Forest Schedule of Proposed Actions in July 2015 and updated periodically during the analysis. A legal notice was published in the Idaho Statesman on August 14, 2015. No comments were received from the public.

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FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS

This decision is consistent with the Payette National Forest Land Management Plan (2003). The project was designed in conformance with Goal LSG004: "Proposed special uses of National Forest System lands - such as hydroelectric development, communication sites, water developments, and utility corridors - are considered that meet public needs, are consistent with direction for other National Forest resources, and cannot be accommodated off the National Forest".

ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES

This decision is not subject to administrative review, appeal, or objection.

IMPLEMENTATION DATE

This project may be implemented immediately, subject to project design features and required mitigation measures.

CONTACT

For additional information concerning this decision, contact: Anthony Botello, Krassel District Ranger, 500 N. Mission Street, McCall, ID 83638; 208-634-0601; abbotello@fs.fed.us

Keith B. Lannom Date Forest Supervisor, Payette National Forest

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or reta liation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs) . Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form . To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender

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Exhibit A

Project Design Features and Required Mitigation

Wooten Water System

1. Access Routes and Road Use for Operation and Maintenance: Prior to use:

a. Access to the water system facilities is by foot. Motorized vehicle use is not permitted.

2. Erosion and Sediment Control, Vegetation Management. The holder shall:

a. Be responsible for prevention and control of soil erosion and gullying on land covered by the permit and the land adjacent thereto, resulting from operation and maintenance of granted use.

b. Remove all obstructions from the diversion structure.

c. Revegetate or otherwise stabilize all ground where the soil has been exposed.

d. Be responsible for control of and spread of noxious weeds, as identified by the US Forest Service and the local County weed list.

e. When required by applicable laws and regulations, obtain necessary permits from the State and Army Corps of Engineers for all work in natural channels in advance of performing such work.

3. Inspection, Maintenance, and Repairs. The holder shall inspect the facility prior to use each year and make necessary repairs. Work that is considered other than routine maintenance and/or minor repairs shall be discussed in advance with the District Ranger. All repairs shall be acceptable to and completed by the date specified by the District Ranger.

4. Approvals Needed for Work, Other than Routine. The holder shall contact the District Ranger and obtain approval before proceeding with work that is other than routine operation. Some of these situations include:

a. Removal and disposal of significant amounts of vegetation and silt and deposition of the same, if on National Forest System land.

b. Burning, application of seed mixtures, chemical application or other means of vegetation control measures.

c. Reconstruction or re-routing of a portion of the pipeline.

d. Using other than approved maintenance routes for access.

e. Motorized use in a closed area in an emergency situation.

5. Cultural Resources. If any items of archaeological, paleontological, or historic value, including, but not limited to, historic or prehistoric artifacts, structures, monuments, human remains and funerary objects (grave goods), are discovered, the holder shall immediately cease all activities that may disturb such items and notify the District Ranger. The holder shall not resume activities until written approval is given by the District Ranger. Failure to comply with this stipulation may result in civil or criminal penalties under the Archaeological Resources Protection Act of 1979.

6. Protection ofESA Listed Fish Species and their Habitats. The holder shall perform the following mitigation measures to avoid or reduce adverse effects on Endangered Species Act (ESA) Listed fish species and their habitats. These measures are identified in the Biological Opinion (BO) prepared by the USDC NOAA National Marine Fisheries Service (NMFS), dated July 25, 2013 , pages 18-19 & 72-77; the

- Exhibit A - Wooten Water System -Page 1 of 2

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BO prepared by the USDI Fish and Wildlife Service (FWS), dated July 31, 2013, pages 58-59; the Biological Assessment (BA) prepared by the USDA Forest Service, Payette National Forest (PNF), dated October 26, 2012, pages 50-54.

a. By December 31, 2016, screen the point of diversion with NMFS approved screen, with a mesh size of 3/32 inch or less to avoid fish entrainment. Ensure that screen allows for fish passage at all flows.

b. Before upgrading any intake structures, provide detailed intake structure designs and site-specific information to NMFS for approval.

c. Obtain the necessary authorization from the PNF for the construction activities and follow all construction practices required by the authorization.

d. By December 31, 2015, install and maintain a flow control device at the diversion capable of controlling the amount of water removed from the stream based on level of use.

e. By December 31, 2015 install and maintain a flow measuring device. The total amount of water being withdrawn from the stream shall be measured and recorded.

f. Any ground disturbance due to maintenance of diversion structures will be mitigated with a high level of erosion control to prevent erosion and subsequent sediment deposition into streams. All maintenance is assumed to be by hand. [See Condition #4 for maintenance that is "other than routine".]

g. Any leakage due to a malfunctioning diversion structure will be repaired as soon as possible to prevent streambank washout or erosion and to avoid sediment deposition in streams.

h. Adjust the volume of water being removed from the stream based on level of use. Do not divert water if it is not being put to its beneficial use.

i. Ensure that the screen is in effective working condition whenever the water system is in operation.

j . Investigate and implement options to minimize rates of diversion when water is not needed ( e.g., shut off valves, holding tanks, etc.) .

k. Monitor the status and condition of water systems and report to the PNF annually. Information on specific data to be recorded and reported shall be provided by the PNF along with reporting forms.

1. Follow the proceduresi (attached) required by the NMFS for the reporting and proper treatment of sick, injured, or dead specimens of threatened or endangered species found in the vicinity of diversions.

- Exhibit A - Wooten Water System -Page 2 of 2

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Legend

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~ Ranger Di strict Boundary

USDA Forest Service, Payette National Forest

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The U.S. DepartmentofAgriculture, Forest Service uses the most current and complete data available . GIS data and product accuracy may V'i!ily. They may be developed from solt"ces of diferlng accuracy, accuraleontyatcerlainscales, based on modeling or interpretation, '1complete while being revised or created, etc. Using GIS procilcts for pi.rposes other than !hose for which they were a eated, may yield inaccurate or misleading results. The Forest Service reserves the right to correct,modify, orreplaceGISproductswlthoutnotification.