[Project Name] – Decision Memo Mount Tecumseh

Town of Waterville Valley United States Department Grafton County, NH of Agriculture

Forest Decision Memo Service Prepared by EBI Consulting for Eastern Region SBA Towers II, LLC –

Pemigewasset Ranger District White Mountain National Forest

October 2011

For Information Contact: Molly Fuller Pemigewasset Ranger District White Mountain National Forest 71 White Mountain Drive Campton, 03223 Phone: 603-536-6101

Fax: 603-536-3685 www.fs.fed.us/r9/forests/white_mountain.com White Mountain National Forest

This document is available in large print. Contact the Pemigewasset Ranger District White Mountain National Forest Phone 603-536-6100 Fax 603-536-3665

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To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326‐W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250‐9410 or call (202) 720‐ 5964 (voice and TDD). USDA is an equal opportunity provider and employer.

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Table of Contents

1 Summary...... 8 2 Background ...... 8 2.1 Project Area ...... 8 2.2 Purpose and Need ...... 9 2.3 Alternative Actions Considered But Dismissed ...... 10

3 Decision to Be Implemented ...... 10 4 Rationale for Categorically Excluding the Decision ...... 11 4.1 Category of Exclusion ...... 12 4.2 Finding that No Extraordinary Circumstances Exist ...... 12

5 Public Involvement ...... 14 6 Findings Required By and/or Related to Other Laws and Regulations ...... 14 7 Administrative Appeal, Implementation Date and Contact ...... 16

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FIGURE 1 – LOCUS MAP STATE MAP

Site Name / Number: Mt. Tecumseh / NH13784-A-13

Site Address: Mt. Tecumseh Waterville Valley, NH

Latitude / Longitude: 43° 57' 32" N / -71° 33' 23" W X

REGIONAL MAP

X

Maps courtesy of Bing.com 4 Mt. Tecumseh – Decision Memo

FIGURE 2 – WATERVILLE VALLEY SKI AREA

Site Name / Number: Mount Tecumseh / NH13784-A-13

Site Address: Mt. Tecumseh, Waterville Valley, NH

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Project Area

Image Area

Aerials courtesy of Bing.com

FIGURE 3 – PROJECT AREA (AERIAL)

Site Name / Number: Mount Tecumseh / NH13784-A-13

Site Address: Mt. Tecumseh, Waterville Valley, NH

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FIGURE 4 – PROJECT AREA (LEASE EXHIBITS)

Site Name / Number: Mount Tecumseh / NH13784-A-13

Site Address: Mt. Tecumseh, Waterville Valley, NH

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1 Summary

After careful consideration of public input, the recommendations of appropriate resource specialists, and the requirements of applicable laws and regulations, I have decided to grant permission for the construction of a new 24.5ʹ x 10ʹ leasable space at the existing Mt. Tecumseh communications facility situated within the Waterville Valley Ski Area near the summit of Mount Tecumseh. Costs asso‐ ciated with the expansion will be covered by the New Hampshire Electric Co‐op.

2 Background

2.1 Project Area

The Mt Tecumseh communication facility (herein, the Project Area) is located on the Pemigewasset Ranger District of the White Mountain National Forest (WMNF), in the Town of Waterville Valley, County of Grafton, New Hampshire; and described as being located in U.S. Tract 50F; Latitude 43° 57ʹ 32ʺ North, Lon‐ gitude 71° 33ʹ 26ʺ West (Figure 1). The Project Area is located within the bounda‐ ries of the Waterville Valley Ski Area.

The Waterville Valley Ski Area (Figure 2) has 52 trails and 12 lifts on 259 skiable acres. The entire alpine ski area is located on National Forest System (NFS) lands. The WMNF has authorized the use of NFS lands for the Waterville Valley Ski Area through a special use permit granted in the mid‐1960s.

The Project Area is located approximately 200 feet west of the upper terminus of the ski area chairlift, and approximately 3,000 feet south of the summit of Mt. Te‐ cumseh (Figure 3). The elevation at the Project Area ranges from between ap‐ proximately 3,820 and 3,830 feet above sea level (ASL). Access to the Project Area is from Waterville, NH through the Waterville Valley Ski Area on slope mainten‐ ance roads. This road is maintained and access to the Ski area and Project Area is controlled.

The existing communications facility is authorized under Communications Use lease to SBA Towers II LLC (SBA). SBA owns all the facilities as well as the tower and pays the federal government rental fees based on the type of subleased

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communications use. This includes whether they are a customer (end user) or a tenant who resells communication services to others. Current occupants include Nextel Communications of the Mid Atlantic, the Forest Service, New Hampshire Electric Co‐op, RCC Atlantic, Central Communications, the FBI, NH#1 Rural Cellular, Plymouth Police and Rinkers Communication.

2.2 Purpose and Need

The SBA proposal is to install a prefabricated concrete communications structure and lease this space to NHEC who will install the wireless smart meter equip‐ ment. The need for this project is to maximize the use of the site while also allow‐ ing for the installation of technologies to better serve the public. The implementa‐ tion of the smart meter system is intended to provide energy‐wise solutions that are both efficient and “green.”

The NHEC began replacing all existing member electric meters with ʺsmart me‐ tersʺ in June 2011. Smart meters differ from the existing meters in that the tradi‐ tional ‘spinning dial’ is replaced by a digital output reading. The smart meters transmit electricity usage data via a wireless communications network, allowing for offering more accurate and timely readings. This wireless digital reading also provides members with access to greater detail about their energy usage and provides the NHEC with increased operational efficiencies.

Once in place and enough data has been accumulated, members may access their personal digital readings via an online portal. Using the portal, members will be able to better understand their individual energy usage as well as peak energy usage times, allowing more informed, money‐saving choices to be made through better management of their energy consumption.

Smart meters also assist the NHEC in identifying outages, without the need for members to report to them directly. When an outage occurs, it is automatically detected by the smart meter and wirelessly notifies NHEC headquarters.

Currently, the lessee wishes to utilize the last existing space on the mountain top to accommodate the NHEC smart metering equipment. Once this space is occu‐ pied, any additional requests for space on the Tecumseh Communications site

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will be denied or will be accommodated inside one of the existing communica‐ tions buildings (existing structures include the Communication Box housing the Nextel equipment, the existing multi‐user building or the Communication Box housing the NHEC equipment). The current SBA building is full with the possi‐ ble exception of stacking a small (i.e. 2‐foot by 2‐foot) cabinet for a future tenant similar to the current cabinet. It is due to this full capacity that new structures (i.e. shelters) are required. The existing facilities (i.e. Nextel’s shelter and US Cel‐ lular’s room) are already leased to them for the full square‐footage. No free leas‐ able space is available within them for additional users due to working space re‐ quired around their current electronics.

According to the Mt. Tecumseh Site Management Plan, a primary objective is to “Accommodate the optimum/maximum use of the site by compatible communications uses consistent with Forest Land and Resource Management Plans, contiguous National Forest uses, natural resource management and objectives, good communications man‐ agement practices, and public needs.”

2.3 Alternative Actions Considered But Dismissed

A no action alternative was considered but dismissed because it does not meet the purpose and need as described above.

3 Decision to Be Implemented

My decision is to permit the construction of additional lease space at the existing communications facility for the purposes of housing equipment associated with the NHEC wireless smart meter program.

The proposed action includes the placement of a new 24.5ʹ x 10ʹ pre‐fabricated equipment shelter immediately east‐adjacent to the chain‐link fence of the exist‐ ing communications facility. The area of the proposed equipment shelter is pre‐ viously cleared and disturbed land with a grass surface. To minimize distur‐ bance, the new shelter will be transported to the Project Area either via (a) load‐ er’s, ATVs, and/or Snowcats® made available by the Waterville Valley Ski Area Operations Department or general contractor; (b) helicopter transport; or, (c) a combination of both methods. These options will be considered depending on weather and seasonal conditions at the time of project implementation. The

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equipment shelter will be placed/assembled on level foundation blocks. The new equipment shelter will also be situated a minimum distance of approximately 34 feet from the nearest existing tree line (to the east), thus maintaining the required 30‐foot set‐back (see Figure 4 – Project Area). Additionally, a new 9ʹ x 4ʹ propane cage will be constructed within and adjacent to the western edge of an existing communication compound. A new natural gas connection between the propane cage and the new equipment shelter, and within the existing communications compound, will also be installed. A new 4ʺ rigid electric conduit will be installed between the equipment shelter and an existing building to the south. Finally, two 6‐foot diameter NHEC microwave dishes on the existing communications tower at an centerline elevation of 55 feet and 57 feet above grade.

All construction work will meet Forest Service standards and guidelines under the Forest Plan. The Forest Service will monitor all construction activities and provide subsequent monitoring of the new facility as requested by the Waterville Valley Ski Area’s special use permit.

This decision is based on my review of the project record, including input from the public and appropriate resource specialists. The record shows a thorough re‐ view of relevant scientific information, a consideration of responsible opposing views, and the acknowledgement of incomplete or unavailable information, scientific uncertainty, and risk. My decision is also based on my past experiences with similar activities on the White Mountain National Forest.

4 Rationale for Categorically Excluding the Decision

Based on information in the project record and experience with similar activities, I have concluded that this decision can be categorically excluded from documen‐ tation in an environmental impact statement or environmental assessment.

Decisions may be categorically excluded from documentation in an environmen‐ tal impact statement or an environmental assessment when they are within one of the categories found at 36 CFR 220.6(d) and (e), and there are no extraordinary circumstances related to the decision.

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4.1 Category of Exclusion

I have determined that the selected action is a routine activity within the follow‐ ing category of exclusion found at 36 CFR 220.6(e)(3): “Approval, modification, or continuation of minor special uses of NFS lands that require less than five con‐ tiguous acres of land. Examples include but are not limited to: (vi) Approving an additional telecommunication use at a site already used for such purposes.”

4.2 Finding that No Extraordinary Circumstances Exist

Based on information presented in this document and the entirety of the project record, I have evaluated the resource conditions listed in 36 CFR 220.6(b)(1) and determined there are no extraordinary circumstances related to this project. As indicated in 36 CFR 220.6(b)(2), the mere presence of one or more of the listed re‐ source conditions does not preclude use of a categorical exclusion. It is the de‐ gree of the potential effects of a proposed action on these resource conditions that determines whether extraordinary circumstances exist. As long as the poten‐ tial effects on these resources are clearly not significant, there are no extraordi‐ nary circumstances (Forest Service Handbook 1909.15, Chapter 31.2). A summary of the project’s potential effects on each resource condition follows.

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

The 1973 Endangered Species Act (ESA), as amended requires that any Federal agency action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any Federally‐listed threatened or endan‐ gered species, or result in destruction or adverse modification to such species’ Federally‐designated critical habitat. As required by the ESA, potential effects of this decision on listed species have been analyzed and documented in a Biologi‐ cal Evaluation (located in Project File).

As detailed in the Biological Evaluation (BE), the Proposed Action or No Action would cause no effect to any Federally‐listed wildlife or plant species. There is no Federally‐designated critical habitat on the White Mountain National Forest.

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Potential effects of the Proposed Action on Regional Forester‐listed Sensitive Species (RFSS) were also analyzed and documented in the BE. The BE deter‐ mined the Proposed Action would cause no impact to the population or species of RFSS Eastern small‐footed, Northern long‐earred, tri‐colored, or little brown bats, or Northern bog lemming, or any plants. The BE determined the Proposed Action “may impact individuals, but would not cause a trend towards federal listing or loss of population viability” of Bicknell’s thrush.

Floodplains, Wetlands, or Municipal Watersheds

Executive Orders 11988 and 11990 direct federal agencies to avoid adverse im‐ pacts to floodplains or wetlands, which are defined in the executive orders. Based on map and site review, the project is not located in or near floodplains or wetlands (project record). Therefore, effects from this decision on floodplains and wetlands will be non‐existent.

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

The Project Area is not within or adjacent to any congressionally designated areas and is entirely within the permitted Waterville Valley Alpine Ski Area. The closest Wilderness Area is the Wilderness Area, located approx‐ imately 3 miles southeast of the Project Area. Impacts from this project would be limited to the immediate area of activity and will not affect any congressionally designated areas.

Inventoried roadless area or potential wilderness area

There are no Inventoried Roadless Areas from the Roadless Area Conservation Rule or WMNF Forest Plan inventories in the area that would be affected by this decision. The closest Inventoried Roadless Area is located less than one mile to the west of the Project Area. Therefore this decision will not affect inventoried roadless areas.

Research Natural Areas

There are no Research Natural Areas in or near the project area. According to www.nhdfl.org/events‐tours‐and‐programs/visit‐nh‐biodiversity, there are no

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Research Natural Areas in the project area. The closest Research Natural Area – the Welch‐Dickey Mountains: Subalpine Peak & Jack Pine Community – is ap‐ proximately 3.5 miles southeast of the Project Area. This decision, with impacts limited to the immediate area of activity, will not affect Research Natural Areas.

American Indian and Alaska Native religious or cultural sites

This decision complies with the Native American Graves Protection and Repatri‐ ation Act. The Forest Archaeologist reviewed the project site and historic records for the area and determined that this project has no potential to affect cultural sites.

Archaeological sites and historic properties or areas

This decision complies with the National Historic Preservation Act and the Arc‐ haeological Resources Protection Act. The Forest Archaeologist reviewed the project site and historic records for the area and determined that this project has no potential to affect historic properties.

5 Public Involvement

Public involvement included sending invitation to comment letters with full project details (i.e. plans, written descriptions, and photos) in September 2011 to two potentially interested and/or affected parties: Mr. Mark Decoteau, the Wa‐ terville Valley Town Manager; to Mr. Bob Fries, President and General Manager of the Waterville Valley Ski Area; and to Mr. Keith Sullivan of the Waterville Val‐ ley Ski Area. This report was also available on the WMNF public website. No responses were received as of the date of this report. The Forest Service will not fund the implementation of this project.

6 Findings Required By and/or Related to Other Laws and Regulations

My decision will comply with all applicable laws and regulations. I have summa‐ rized some pertinent ones below.

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National Environmental Policy Act

This Act requires public involvement and consideration of potential environmen‐ tal effects. The entirety of documentation for this decision supports compliance with this Act.

Forest Plan Consistency (National Forest Management Act)

The National Forest Management Act (NFMA) requires that all site‐specific project activities be consistent with direction in the applicable Land and Re‐ source Management Plan (Forest Plan). This project implements the WMNF For‐ est Plan. As required by NFMA Section 1604(i), I find this project to be consistent with the WMNF Forest Plan including goals, objectives, desired future condi‐ tions, and Forest‐wide and Management Area standards and guidelines.

Endangered Species Act

See 4.2, Federally Listed Species, in this document.

Wetlands (Executive Order 11990) and Floodplains (Executive Order 11988)

See 4.2, Floodplains, Wetlands, or Municipal Watersheds, in this document.

National Historic Preservation Act, Archaeological Resources Protection Act, Native American Graves Protection and Repatriation Act

See 4.2, Native American Cultural Sites, and Archaeologic/Historic Sites, in this document.

Wild and Scenic Rivers Act

See 4.2, Congressionally Designated Areas, this document.

Federal Noxious Weed Act of 1974 and Executive Order 11312 (Non‐Native Invasive Species)

The Federal Noxious Weed Act requires cooperation with State, local, and other federal agencies in the management and control of non‐native invasive species (NNIS); Executive Order (EO) 11312 requires all pertinent federal agencies (sub‐ ject to budgetary appropriations) to prevent the introduction of NNIS. This project’s decision meets the intent of this law and EO by incorporating all perti‐

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nent Forest Plan Standards and Guidelines to ensure the management and con‐ trol of NNIS (project record).

Migratory Bird Treaty Act

This decision is consistent with this Act, Executive Order 13186, and the Memo‐ randum of Understanding between the Forest Service and U.S. Fish & Wildlife Service to promote the conservation of migratory birds. The BE considered the likely effects to a migratory bird of management concern (Bicknell’s thrush) that is known to nest and breed on Mt. Tecumseh. The BE determined the Proposed Action or No Action would be no adverse effects to the population viability of this or other species of migratory birds.

Environmental Justice (Executive Order 12898)

This order requires consideration of whether projects would disproportionately impact minority or low‐income populations. This decision complies with this or‐ der. Public involvement occurred for this project, the results of which I have con‐ sidered in this decision‐making. Public involvement did not identify any ad‐ versely impacted local minority or low‐income populations. This decision is not expected to adversely impact minority or low‐income populations. 7 Administrative Appeal, Implementation Date and Contact

In accordance with 36 CFR 215.12(f), this decision is not subject to appeal. There‐ fore implementation of this decision may begin immediately.

For additional information concerning this decision, contact: Molly Fuller at email: [email protected], or by phone at (603‐536‐6101), or by FAX (603‐536‐ 3685).

Additional information about this decision can be found on the White Mountain National Forest web page at: www.fs.fed.us/r9/forests/white_mountain.

______

Molly Fuller Date

District Ranger, Pemigewassat Ranger District

Responsible Official

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