Fiber Optic Trunk Line Bluff to Mexican Hat, Utah

U.S. Department of the Interior Bureau of Land Management

Monticello Field Office

February 2021 ENVIRONMENTAL ASSESSMENT: DOI-BLM-UT-Y020-2021-0022-EA

EA Cost:

Mission Statement

To sustain the health, diversity, and productivity of the public lands for the use and enjoyment of present and future generations.

Right-of-Way: UTU-94764 DOI-BLM-UT-Y020-2021-0022-EA

ENVIRONMENTAL ASSESSMENT EA NUMBER: DOI-BLM-UT-Y020-2021-0022-EA

Chapter 1 Introduction:

BLM Office: Monticello Field Office Right-of-Way Number: UTU-94764

Proposed Action Title / Type: Fiber Optic Trunk Line Bluff to Mexican Hat, Utah

Applicant: Emery Telcom

Location of Proposed Action: Salt Lake Meridian, San Juan County, Utah, Township (T.) 40-42 South (S.), Range (R.) 19-21 East (E.), various sections.

Background This Environmental Assessment (EA) has been prepared to disclose and analyze potential environmental effects that would result from the construction and maintenance of a proposed fiber optic trunk line in San Juan County, Utah. The proposed action would consist of the construction and maintenance of a new fiber optic telecommunication cable and appurtenances designed to upgrade existing facilities serving subscribers from Bluff to Mexican Hat, Utah. The line would cross the San Juan River onto Navajo Nation Tribal Lands where it would terminate. Emery Telcom (Emery) has submitted an Application for Transportation and Utility Systems on Public Lands (SF-299) to the Bureau of Land Management (BLM) Monticello Field Office (MTFO), requesting permission to construct, operate, maintain, and terminate the fiber optic telecommunications line under a right-of-way (ROW) authorization.

The proposed route would begin approximately a tenth of a mile east of mile post (MP) 25 on US Highway 163/Main Street on the west side of Bluff, Utah and proceed west and southwest mostly in a Utah Department of Transportation (UDOT) ROW for approximately twenty-five (25) miles before entering Navajo Nation Tribal Lands at Mexican Hat. The line would extend an additional four miles south to the community of Halchita where it would terminate (See Appendix A: Map 1). The project would cross BLM administered public lands (including the Bears Ears National Monument (BENM)), Utah School and Institutional Trust Lands Administration lands (SITLA), private land, and Navajo Nation lands.

The project represents Phase 2 of a general plan sponsored by the Utah Education and Telehealth Network (UETN) to bring broadband to southern San Juan County. A previously analyzed Phase 1 project would install fiber optic lines from Blanding to White Mesa, Bluff, and Montezuma Creek and would be funded primarily through a Federal Communications Commission program called the Universal Service Schools & Libraries, or E-rate Program. The E-rate Program is funded through a tax paid by telephone and internet customers to expand broadband to rural and low- income areas. UETN, Utah Navajo Trust Fund, Utah Navajo Health System and Utah Department of Transportation all contributed matching funds to the project.

Purpose and Need The purpose of this project is to respond to the needs of southern San Juan County residents by delivering an essential fiber optic "backbone" or trunk line which could carry large volumes of

high-speed communications data and provide higher capacity resources to meet ever-growing increased bandwidth demands. The proposed route was selected to follow an existing, previously disturbed ROW so that minimal new disturbance would occur. The need for the action is established per BLM’s responsibility under the Federal Land Policy and Management Act of 1976 (FLPMA) to respond to a request for a ROW grant for legal access.

Decision to be Made The BLM will decide whether to grant the ROW, grant the ROW with modifications, or deny the proposed ROW grant. The BLM may include any conditions it determines to be in the public interest and may include modifying the proposed use or changing the route or location of the proposed facilities (43 CFR 2805.10(a)(1)). In the decision process, the BLM will consider how resource management goals, objectives, opportunities, or conflicts relate to this non-federal use of public lands.

Public Participation, Scoping, and Issues Internal scoping, which included an interdisciplinary review of the project, revealed one potential issue. No external scoping was conducted.

Issues Identified and Analyzed in Detail Issue 1: Would the construction, operation, and maintenance the proposed fiber optic trunk line provide an important beneficial service to one or more Environmental Justice (EJ) populations?

Chapter 2 Proposed Action and Alternatives

No Action Alternative This alternative would deny the approval of the proposed application and no fiber optic cable would be installed in the proposed locations. Current land and resource uses would continue to occur in the proposed project area.

Proposed Action On March 19, 2019, Emery (the Applicant) submitted an application to the MtFO for a ROW (assigned UTU-94764) under the authority of Title V of the Federal Land Policy and Management Act of 1976. Emery proposes to construct, operate, and maintain a fiber optic cable from Bluff to Mexican Hat, Utah crossing the San Juan River onto Navajo Nation Tribal Lands where it would terminate at Halchita.

The total proposed fiber optic line would be approximately 154,042 feet (29.17 miles) in length with approximately 95,112 feet (18.01 miles) of the proposed fiber optic line crossing public lands administered by the BLM. The rest the line would cross two parcels of SITLA land, UDOT, Navajo Nation Tribal Lands, and private lands. Approximately 20,181 feet (3.82 miles) of line on BLM administered public and SITLA or UDOT lands would be buried adjacent to Highway 163 within the BENM (See Appendix A for map).

Of the total 154, 042 feet of line, approximately 44,236 feet (8.38 miles) would be aerially installed on approximately 95 poles. Approximately 108,969 feet (20.64 miles) of the line would be buried alongside existing road ROWs. The remaining 839 feet (0.16 miles) would be designated as drop lines and will supply residential homes a direct connection.

Table 1 below shows only the lengths of those portions of the optic fiber line that is within BLM administered public lands.

Table 1- Proposed Fiber Optic line in BLM Administered public lands. Type of Fiber Line Length (ft) Buried- Within BENM 11,577 Buried 55,305 Aerial (about 85 new poles) 27,956 Drop 274

The project alignment is within a BLM designated utility corridor or follows Highway 163 within a UDOT ROW. SITLA has already accepted the Emery easement application.

Cultural resource clearance surveys have been performed for the majority of the proposed route. A portion of the proposed line, where it passes over Comb and Lime Ridge had to be rerouted and this along with some added drop lines are in process of being surveyed. This paragraph will be updated once the surveys and the ongoing Tribal and SHPO consultation is complete. Since the reroute will be in the existing highway and because of the below listed Design Features we do not anticipate impacts to cultural sites.

The Applicant would obtain the necessary permits and approvals prior to beginning construction activities. Encroachment permits would be secured from UDOT, SITLA, Navajo Tribal Utility Authority, and the Navajo DOT. Pole attachment agreements have been entered into with Rocky Mountain Power (PacifiCorp) and the Navajo Tribal Utility Authority. All Occupational Safety and Health Administration regulations would be followed during construction operations for the entire project.

Construction operations would begin as soon as possible after securing the applicable permits and issuance of the ROW. Cable installation is expected to last four to six months, beginning in the spring of 2021 barring unforeseen circumstances relating to unfavorable weather conditions and availability of materials. A crew of ten or fewer personnel would commute to the construction site from the nearby communities of Bluff, Monticello, or Blanding. A preconstruction meeting would be held to ensure that personnel would be knowledgeable of operational procedures and permit conditions.

Construction operations would require a temporary 25-foot-wide corridor. As described above, the fiber optic cable would be aerially installed on up to 95 new poles located on BLM administered public and private lands or buried in a trench parallel and adjacent to Highway 163 (Appendix A Map 1). Construction methods would include plowing, trenching, and directional boring for the buried portions of the fiber optic cable. Blading or grading the surface would not be performed. A cable plow would be pulled behind a tracked utility tractor to create a ripped trench for the

placement of a 1.25-inch conduit, which would be carried on a reel on the front of the machine, fed over the top, then down a chute into the trench.

Design Features • Site specific avoidance measures would be required at cultural sites. • A cultural monitor would be present for all construction-related ground disturbance (i.e. blading, grading, ripping, excavating, pole removal/replacement, vault installation, etc.) to ensure that unanticipated discoveries would be quickly identified and avert any potential damage. • Any cultural resources (historic or prehistoric site or object, or human remains) discovered by Emery or their contractor will be immediately reported to the authorized BLM officer; all operations will be suspended in the immediate area of such discovery until written authorization to proceed is issued by the BLM. • Removal of soil and native vegetation shall be kept to the minimum amount necessary to fulfill project activities. • Federal and state water quality standards and toxic effluent standards will be implemented to minimize potential adverse effects from discharges into Waters of the US. • Any unexpected encounters with a protected species will be immediately reported to BLM and US Fish and Wildlife Service, as appropriated. • Construction sites, staging areas, and access roads will be kept orderly during construction. • Areas where minor contour changes occur during construction will be reshaped to near preconstruction contours. • If determined necessary by the BLM, upon project completion and in accordance with reseeding recommendations, disturbed ground will be reseeded with a native seed mix approved by the appropriate agency representative. • Best management practices related to erosion and sediment control will be applied where deemed necessary. Emery will ensure that construction-related sediment deposited onto public road surfaces (or other paved areas caused by equipment or vehicles accessing the construction site) will be removed, as needed. • All personnel and equipment would be required to stay in the approved construction corridor. • To prevent the introduction or spread of weeds, all vehicles and equipment would be power washed prior to entering the construction area. This is critical as equipment that has been staged/used in the city of Bluff is likely to have noxious weed material, particularly knapweed, on them due to weed infestations in the Bluff area. Access to the construction corridor would be limited to existing roads and approaches to minimize unnecessary surface disturbance. Alternatives Considered but Eliminated from Detailed Analysis Potential alternative routes and installation methods were evaluated. However, these actions are not carried forward for analysis in the EA for the following reasons: 1. The proposed project route would utilize the existing Highway 163 right-of-way thus reducing the significance of surface disturbance and Visual Resource Management (VRM) related impacts. Using other existing roads such as a combination of Highways 191, 160, and 163 would more than double the length of the project. Due to the increase in project

length, development these routes would result in increased surface disturbance and would be an inefficient use of resources. 2. Consideration was given to the line being installed cross-country. This would result in substantially more surface disturbance than would be associated with the proposed route. Additionally, development of a cross-country route may not be in compliance with BLM VRM and other management guidelines for the BENM and would not be located in a designated utility corridor. An additional issue with a cross-country route would be the difficulty in traversing Comb Ridge. The proposed route would utilize the existing Highway 163 right-of-way cut through the ridge and would result in less environmental and visual effects. 3. It was originally proposed to install the fiber optic line on new utility poles through the Comb and Lime Ridge portion of BENM. However, implementation of this proposed alternative would not be in compliance with BLM’s Class II VRM designation for the area. Additionally, the Hole-in-the-Rock trail would have been impacted as the lines on the new poles would span over the site, thus having an impact on the visuals at site. Therefore, this was modified to require that the line be buried adjacent to Highway 163 through the Comb and Lime Ridge area. This modification would bring the proposed action into compliance with the VRM designation. In summary, no alternate routes/installation methods are available that would result in fewer environmental or visual impacts or present any other clear advantages over the Proposed Action. For these reasons, no additional routes/installation methods are considered further in this EA.

Conformance Land Use Plan Name: Monticello Field Office Resource Management Plan, approved November 2008, as amended.

The Proposed Action is in conformance with the RMP, as amended by the BENM: Record of Decision and Approved Monument Management Plans Indian Creek and Shash Jáa Units (approved February 2020). The emphasis of the RMP is to protect unique habitats for threatened, endangered, and special status species while providing areas for community growth, recreation, mineral exploration and development, and other resource uses. The Proposed Action is in conformance with the BLM Land Use Plan (LUP) because it is specifically provided for in the following LUP goal and objective: Page 69: “Meet public needs for use authorizations such as rights-of-way (ROWs), alternative energy sources, and permits while minimizing adverse impacts to resource values.” The Proposed Action is in conformance with the LUP because it is specifically provided for in the following LUP decision(s): • Page 73: LAR-18 “This RMP will adopt the existing designated ROW corridors from the 1991 San Juan RMP including the Western Utility Group (WUG) updates to the Western Regional Corridor Study (Map 5), Section 368 Energy Policy Act of 2005, Westwide Energy Corridor PEIS. Designate additional corridors as needed subject to physical barriers and sensitive resource values. Designated transportation and utility corridors include existing

groupings of ROWs for electric transmission facilities, Pipelines 16 inches and larger, communication lines, federal and state highways, and major county road systems.” • Page 72: LAR-13 “Applications for new ROW on public lands will be considered and analyzed on a case- by-case basis, taking into consideration areas identified for avoidance and exclusion. Proposals will be reviewed for consistency with planning decisions and evaluated under requirements of applicable laws for resource protection.” • Page 72: LAR-14 “Consider lands available for ROWs except for exclusion and avoidance areas.” • BENM ROD page 87: LAR-9 “The Shash Jáa Unit will be a BLM ROW and USFS Special Use Authorization avoidance area with the following exceptions (Appendix B Map B-10): Open areas: Designated utility corridors.” • BENM ROD page 87: LAR-11 “Retain existing designated corridors. Do not designate new corridors.” Furthermore, after an Interdisciplinary Team (IDT) review (Appendix B): Interdisciplinary Team Checklist), it has been determined that the Proposed Action would not conflict with other decisions throughout the Plan.

Chapter 3 Affected Environment and Environmental Effects

The MTFO resource specialists reviewed the Proposed Action to determine if resources were present or not and if present whether or not they would be impacted (See Interdisciplinary Team Checklist; Appendix B). One issue was identified and is presented below.

Issue 1: Would the construction, operation, and maintenance the proposed fiber optic trunk line provide an important beneficial service to one or more Environmental Justice (EJ) populations? Affected Environment BLM administered public lands including the BENM, SITLA and private lands, and Navajo Nation lands are all part of the project area. The Navajo Nation, Ute Mountain Ute Tribe, Hopi Nation and other tribes are closely tied to the project area and represent a significant cultural value in San Juan County. These Native American tribes also represent a significant EJ population in the county. This area currently has internet connectivity but relies on lower bandwidth connections, which can mean slower speeds and more frequent outages. This area where the proposed project would occur contains numerous segments of existing power and other communication lines along the Highway 163 UDOT ROW and designated utility corridor.

Environmental Effects of the No Action Alternative It is anticipated that there would be disproportionate adverse impacts on the existing EJ populations within the project area in comparison to the background population in the region and

in the State of Utah should the No Action Alternative be adopted. The No Action Alternative would have a negative impact on low-income, minority, and American Indian populations as demand for faster telecommunications and increased bandwidths has grown in (and is anticipated to continue to grow) beyond the capabilities of the currently available internet services provided to these communities.

Environmental Effects of the Proposed Action Telecommunication capacity would be improved to meet the growing demand from the underserved low-income, minority, and tribal populations within the area with minimal environmental disturbance. Students would have the connectivity that is needed with the ever- increasing use of online programs in education. There could be further opportunities for those that want to stay within the community to work. Also, new cell towers could tap into the line to provide high-speed data service to cell phone customers in the area.

There would be temporary increases of noise and dust during the four-to-six-month construction period; however, these impacts would not extend beyond the duration of construction activities. The new poles that are needed in sections of the line that are aerial, are new structures added to the landscape but this impact is minimal due to the new poles being within the existing designated utility corridor and the UDOT ROW along Highway 163.

The proposed project is just a part of other fiber optic projects being implemented in San Juan County for the purpose of improved telecommunication abilities to local communities. Examples include the fiber optic line project from Blanding to White Mesa, Bluff, and Montezuma Creek and the Mexican Hat Tower projects.

Chapter 4 Consultation and Coordination

Summary of Consultation The EA has been released for a 15-day public review and comment period on the BLM ePlanning website.

Tribal consultation on the projects Area of Potential Effect (which includes the entire project and not just the sections on BLM) was initiated via a letter sent to the tribes on 1/8/2020. Five responses were received from the following tribes: Colorado River Indian Tribes, Hopi Tribe, Navajo Nation, Southern Ute and Ysleta del Sur Pueblo. The Hopi Tribe requests further consultation. The Navajo Nation requests no further consultation on this project. Southern Ute defers to the Betsy Chapoose of Northern Utes of Utah. Colorado River Indian Tribes and Ysleta del Sur Pueblo do not have any comments but request further consultation if any human remains or artifacts are unearthed that fall under Native American Graves Protection and Repatriation Act (NAGPRA). Letters inviting Tribes to enter government-to-government consultation on the draft EA were sent in concurrence with the planned public comment period. In addition, Tribal consultation will be initiated for cultural surveys that have been completed for the project. A portion of the route is not yet surveyed due to a re-route in the Comb Ridge area. Once this portion of the route is surveyed, a second letter will be sent to the Tribes for consultation.

Consultation with SHPO will be completed once all surveys are complete and before a decision is made. No consultation was necessary with the United States Fish and Wildlife Service as no effects to threatened or endangered species were identified. Local and San Juan County officials were also consulted to inform of the proposed project and obtain input.

Appendix A: Map

Map 1: Proposed fiber optic cable route.

Bluff

Mexican Hat

Appendix B: Interdisciplinary Team Checklist

Project Title: Fiber Optic Cable Trunk Line Bluff to Mexican Hat, Utah DETERMINATION OF STAFF: (Choose one of the following abbreviated options for the left column) NP = not present in the area impacted by the proposed or alternative actions NI = present, but not affected to a degree that detailed analysis is required PI = present with potential for relevant impact that need to be analyzed in detail in the EA

The following elements are not present in the Field Office and have been removed from the checklist: Farmlands (Prime or Unique), Wild Horses and Burros.

Determination Resource Rationale for Determination Specialist The Proposed Action would result in emissions of National Ambient Air Quality Standards (NAAQS) criteria pollutants from the operation of construction equipment and construction activities. These emissions would be temporary and would rapidly disperse. A term and condition Air Quality/Green Housewould be attached to the approved ROW in accordance with the RMP N. Norton NI Gasses Air Quality decision AQ-3 (RMP, pg. 57) that requires BLM authorized 01/13/21 actions to comply with Utah Air Conservation Regulation R307-205 to limit fugitive dust (USDI, BLM Nov 2008). Emissions from the Proposed Action are unlikely to cause or contribute to a violation of the NAAQS. The Proposed action is adjacent to the Valley of the Gods ACEC which is managed for Scenic Relevant and Important Values. However, the fiber optic line would be placed in an existing utility corridor and ROW Areas of Critical J. Byrd for Hwy 163. The installation of the fiber optic cable will be a NI Environmental Concern 12/29/20 combination of aerial placements and buried on the opposite side of the (ACECs) Hwy from the ACEC. These types of structures are common along travel corridors. For these reasons, the Proposed Action would not have an impact on the scenic values of the ACEC. M. Haines NP BLM Natural Areas There are no BLM Natural Areas within the proposed project area. 1/12/21 The known sites would be avoided, reducing the potential for disturbance to values. A cultural monitor would be present for all construction-related ground disturbance (i.e. blading, grading, ripping, L. DeHaven NI Cultural Resources excavating, pole removal/replacement, vault installation, etc.) occurring 1/12/21 within 15 meters of all cultural site boundaries to ensure that unanticipated discoveries would be quickly identified and avert any potential damage. Any effects to low-income, minority, or tribal populations within the Environmental N. Norton PI area of the Proposed Action would be positive. There would be a Justice/Socio-economics 01/13/21 minor, temporary increase in noise and activity during construction. Fish and Wildlife The project, as proposed, would have minimal disturbance to wildlife T. Plank NI Excluding USFWS species and no effect on fish. 1/5/21 Designated Species The proposed fiber optic line from Bluff to Mexican Hat crosses active floodplains of Butler Wash (~500 feet), Comb Wash (~1500 feet), and Lime Creek (~250 feet). The line would be aerially strung on new power poles across Butler Wash (8 poles) and Comb Wash (5 poles), and would be buried across Lime Creek. The poles themselves would be outside the active floodplains with the line spanning the drainages. All J. Carling NI Floodplains lines would be within existing ROWs along Highways 191 and 163. 1/11/21 Within the RMP, floodplains are stipulated as No Surface Occupancy (NSO). No surface-disturbing activities are allowed in active floodplains, with the exceptions if: (a) there are no practical alternatives, (b) impacts could be fully mitigated, or (c) the action is designed to enhance riparian resource values (RMP Appendix B, pg. 3). Surface disturbing activities are those that normally result in more than

Determination Resource Rationale for Determination Specialist negligible disturbance to the public lands and/or resources. Those activities normally involve use and/or occupancy of the surface and cause disturbance to the soil and vegetation which may accelerate the natural erosion process. This stipulation is generally applicable to oil and gas leasing and other considerable surface disturbing activities.

The proposed limited scope of line occupancy within floodplains (~0.78 acres) along a narrow (~15 feet) corridor in an existing ROW would not negatively influence the site’s ability to provide for the physical aspects of a functional floodplain system. Active floodplains would continue to provide the ability to dissipate energies during high flow events in areas of the proposed line. The action does not result in any permanent fills or diversions, or placement of new permanent above surface facilities in floodplains or special flood hazard areas. In addition, the potential surface disturbance resulting from the action are no more than negligible and natural erosion processes would not be appreciably accelerated as a result of the proposed action. Therefore, the NSO exemption criteria is applicable for this action.

For reasons listed above, floodplains are not affected to a degree that detailed analysis is required. The project will not impact fire response. New poles associated with this action are to be installed where shallow rocky conditions exist precluding the option to bury the line. These conditions suggest an area lacking in burnable vegetation thereby mitigating potential need to P. Plemons NI Fuels/Fire Management protect this new infrastructure during a wildfire event. There are no 1/6/21 hazardous fuels reduction or habitat restoration projects planned for this area due to sparse vegetative conditions. There are no additional Fire/Fuels issues which need to be carried forward in this E.A. The proposed action is within an existing ROW, however, any equipment that is used in Bluff city will need to be power washed due to Invasive Species/Noxiou N. Noyes NI the infestation throughout the city of Bluff. Any action within the ROW Weeds(EO 13112) 1/11/21 will have minimal effects on the spread of noxious or invasive plant species. The project area is adjacent to inventoried lands determined to possess wilderness characteristics, but not managed for protection of those Lands With Wilderness M. Haines NI characteristics, as identified in the 2008 RMP. Lands with wilderness Characteristics 1/12/21 characteristics would not be affected to a degree that would require detailed analysis. The proposed action would occur in the existing highway ROW corridor or within other utility developed ROW corridors. The fiber optics cable would be buried or hung using new poles, all new poles would be within N. Norton NI Lands/Access existing ROW corridors. The proposed action would not affect other 01/13/21 ROWs or the Lands Program. Therefore, no detailed analysis is required. Livestock Grazing and The proposed action will be contained within the highway ROW. Cattle N. Noyes NI Rangeland Health do not graze this area and this action will have minimal impact on 1/11/21 Standards livestock grazing. The Proposed Action does not have additional components that would have an impact on any migratory birds or their habitats. Where cable is T. Plank NI Migratory Birds placed aerially as a stand-alone wire not attached to existing power 1/5/21 poles, it is recommended to place wire markers on new lines consistent with power line marker placements to avoid bird collisions with cable. According to the 2008 Monticello Field Office RMP (Maps 18 & 19), the proposed action is within areas which are either available for mineral disposal with standard conditions, and areas that are closed for Mineral Resources/ Robert James NI mineral disposal. There are currently no active mineral operations near Energy Production 11/17/20 the proposed action sites. The proposed action is within areas available for Oil & Gas leasing with standard conditions or no surface occupancy, and areas that are closed to oil & gas leasing. The proposed action

Determination Resource Rationale for Determination Specialist would not interfere with futures mineral resource development because it is within the highway ROW or other corridors and legal access to public lands for purposes of mineral prospecting, exploration development would not be encumbered. Therefore, detailed analysis of impacts is not required in this EA. Proclamation 9558, as modified by Proclamation 9681, withdrew all Federal lands within the BENM from all forms of entry, location, selection, sale, or other disposition under the public land laws or laws applicable to the USFS, from location, entry, and patent under the mining laws, and from disposition under all laws relating to mineral and geothermal leasing, other than by exchange that furthers the protective purposed of the Monument. Therefore, no mineral exploration or development would occur within the proposed action area that lie within the Monument. This action does not grant exclusive use of public lands; therefore the action would not limit access or use, per the American Indian Religious Freedom Act. Tribal consultation on the projects Area of Potential, which includes BLM, SITLA, UDOT, Navajo Nation and private lands. Effect was initiated via a letter sent to the tribes on 1/8/2020. Five responses were received from the following tribes: Colorado River Indian Tribes, Hopi Tribe, Navajo Nation, Southern Ute and Ysleta del Sur Pueblo. The Hopi Tribe requests further consultation. The Navajo Nation requests no further consultation on this project. Southern Ute Native American defers to the Betsy Chapoose of Northern Utes of Utah. Colorado River S. Cloud-Lane NI Concerns Indian Tribes and Ysleta del Sur Pueblo do not have any comments but 1/26/21 request further consultation if any human remains or artifacts are unearthed that fall under NAGPRA. Letters inviting Tribes to enter government-to-government consultation on the draft EA will be completed in concurrence with the planned public comment period. In addition, Tribal consultation will be initiated for cultural surveys that have been completed for the project. A portion of the route is not yet surveyed due to a re-route in the Comb Ridge area. Once this portion of the route is surveyed, a second letter will be sent to the Tribes for consultation. The Proposed Action occurs in Potential Fossil Yield Classification (PFYC) units 2 – 4 within the Monticello Field Office and BENM, which have varying degrees for potential paleontological resources. Surveys are required for PFYC 5 formations within the Monticello Field Office and PFYC 4-5 within BENM. The portions within BENM are a Robert James NI Paleontology / Geology PFYC 3. Therefore, surveys are not required. A paleontology 1/12/21 stipulation will apply. If fossils are encountered during the implementation of the proposed action, work will stop, the Monticello Field Office will be contacted within 2 working days and the BLM will provide guidance on how to proceed. The project area intersects the Cedar Mesa Special Recreation Management Area and is adjacent to the San Juan River Special Management Area. The project parallels Highway 163, which is part of the Trail of the Ancients Scenic Backway in this location. Construction delays could cause short-term inconvenience to recreational users, which would be somewhat alleviated through coordination with San Juan County. Most of the project, consisting of M. Haines NI Recreation buried cable would cause no lasting disturbance to recreational users. 1/12/21 New above-ground power poles installed at shallow bedrock locations may cause some increased visual intrusion along the scenic byway. However, these sorts of poles are ubiquitous along highways in this landscape and would therefore not constitute a change in the character of the Scenic Byway at the Highway 163 location. Impacts to recreational users would not be affected to a degree that detailed analysis is required.

Determination Resource Rationale for Determination Specialist There are twenty different soil types within the area of the Proposed Action. The Proposed Action occurs within previously disturbed areas N. Noyes NI Soils of powerline and road ROWs. This is a onetime disturbance and would 1/11/21 not have any additional effects beyond what is already occurring within the ROW. Species listed as threatened or endangered, or proposed to be listed, Threatened, Endangered pursuant to the Endangered Species Act do not occur within the project T. Plank NP or Candidate Animal area. Additionally, the project area does not contain designated critical 1/5/21 Species habitat nor suitable habitat for any threatened or endangered species. Species listed as threatened or endangered, or proposed to be listed, pursuant to the Endangered Species Act do not occur within the project Threatened, Endangered area. Additionally, the project area does not contain potential habitat for T. Plank NP or Candidate Plant Speciany species. The proposed action area does have the potential substrate 1/5/21 for Navajo sedge but does not contain the hanging gardens needed for the species to occur in the area. The fiber optics cable would be buried or hung using new poles. All Vegetation Excluding new poles that are placed on BLM administered lands will be with-in N. Noyes NI USFWS Designated existing ROWs. These disturbances will have minimal effects on the 1/11/21 Species existing vegetation within the ROWs. The Proposed Action would occur on BLM-managed lands managed as VRM Class III, except where the project occurs within the Bears Ears National Monument (approx. 2 miles on BLM-managed lands), which is managed as VRM Class II. The Proposed Action would occur in an existing utility and highway corridor, with existing visual contrast produced by utility lines, poles, fence lines, highway markers, and surface disturbance from buried lines.

MFO – VRM III The objective of VRM III is to partially retain the existing character of the landscape. The level of change allowed is moderate. Activities may attract attention but should not dominate the view. Short term visual contrast would result from on-site crews and machinery while work is occurring, and de-vegetation where the line is buried. Reseeding of de- vegetated areas (as described in the Proposed Action) would eliminate temporary visual contrast created by de-vegetation. Long term visual contrast created by the new poles would be consistent with VRM III objectives and would not dominate the view of the casual observer in VRM III areas due to the relatively small scale, natural color, and S. Sparks NI Visual Resources simple design of the poles (single wooden pole, 25 ft. above ground) 12/28/20 and the large panoramic nature of the landscape. Intermittent utility poles are currently part of the characteristic landscape along the Hwy 191 highway and utility corridor. There are no potentially significant impacts to visual resources in these areas.

BENM – VRM II The objective of VRM II is to retain the existing character of the landscape. The level of change allowed is low. Activities may be visible but should not attract the attention of the casual observer. The fiber optic line would be buried in the highway shoulder and follow the line of the highway through the entirety of BENM. Short term visual contrast would result from on-site crews and machinery while work is occurring, and de-vegetation where the line is buried. The temporary de- vegetated line would follow the curve and line of the highway and would not attract attention. Reseeding (as described in the Proposed Action) would eliminate temporary visual contrast. For these reasons, there are no potentially significant impacts to visual resources in BENM. The sites where the Proposed Action would occur has no known Wastes N. Noyes NI hazardous waste. Any residual waste that is generated by the Proposed (hazardous or solid) 1/11/21 Action would be removed.

Determination Resource Rationale for Determination Specialist Water T. Plank NI Resources/Quality The project, as proposed, would not affect ground water resources. 1/5/21 (ground) Water Resources/Quality T. Plank NI The project, as proposed, would not affect surface water resources. (surface) 1/5/21 The proposed fiber optic line from Bluff to Mexican Hat crosses interspersed riparian communities at Butler Wash (~500 feet), Comb Wash (~1500 feet), and Lime Creek (~250 feet). The line would be aerially strung on new power poles across Butler Wash (8 poles) and Comb Wash (5 poles), and would be buried across Lime Creek. The poles themselves would be outside the defined riparian zone with the line spanning the drainages. All lines would be within existing ROWs along Highways 191 and 163. Within the RMP, riparian areas along perennial water ways are stipulated as No Surface Occupancy (NSO). No surface-disturbing activities are allowed in riparian areas, with the exceptions if: (a) there are no practical alternatives, (b) impacts could be fully mitigated, or (c) the action is designed to enhance riparian resource values (RMP Appendix B, pg. 3). Surface disturbing activities are those that normally result in more than negligible disturbance to the public lands and/or resources. Those activities normally involve use and/or occupancy of the surface and cause disturbance to the soil and vegetation which may accelerate the natural erosion process. This J. Carling NI Wetlands/Riparian Zonestipulation is generally applicable to oil and gas leasing and other considerable surface disturbing activities. 1/11/21

The proposed limited scope of line occupancy within potential riparian zones (~0.78 acres), along a narrow (~15 feet) corridor, in an existing ROW, and strung from overhead poles and buried would not negatively influence the overall riparian communities to maintain or achieve proper functioning conditions. Riparian zones in the area of the proposal would continue to provide cover adequate to protect stream banks and dissipate streamflow energy associated with high-water flow, and protect against accelerated erosion to the extent natural conditions allow. In addition, the potential surface disturbance resulting from the action no more than negligible and natural erosion processes would not be appreciably accelerated as a result of the proposed action. Therefore, the NSO exemption criteria is applicable for this action.

For reasons listed above, riparian zones/wetlands are not affected to a degree that detailed analysis is required. There are no designated National Wild and Scenic Rivers System (NWSRS) segments, or segments identified in the Monticello RMP as S. Sparks NP Wild and Scenic Rivers “suitable for designation” into the NWSRS system, present in the 12/28/20 project area. M. Haines NP Wilderness/WSA There are no designated Wilderness or WSAs within the project area. 1/12/21 The proposed action does not have additional components that would T. Plank NI Woodland/ Forestry have an impact on Woodlands/ Forestry. 1/5/21

Reviewer Title Signature Date

Environmental Coordinator /s/ Tina Marian 2/1/21

Authorized Officer

Appendix C: Site-Specific Terms and Conditions

1) The following conditions must be implemented unless it is not applicable to your Proposed Action. Those standard stipulations that include “if applicable, if used, or if constructed” are to be implemented if the Proposed Action includes that activity or design. 2) The holder shall construct, operate, and maintain the facilities, improvements, and structures within the right-of-way in strict conformity with the Plan of Development included with this grant. Any relocation, additional construction, or use that is not in accord with the approved Plan of Development, shall not be initiated without the prior written approval of the authorized officer. 3) Any changes approved in Stipulation 1 above shall be reflected in as-built drawings submitted to the BLM Monticello Field Office after construction is complete. 4) The holder shall notify the authorized officer prior to the anticipated start of construction and/or any surface disturbing activities. 5) The construction plans submitted with the original proposal shall be made a part of this right- of-way grant. All construction must conform to these drawings. 6) No blading or other improvements will be conducted within the fiber line ROW or access ROW unless approved by the authorized officer. This includes temporary cross-country routes, designated routes, and undesignated routes. 7) When the soil is too wet (ruts deeper than six inches), the holder shall postpone construction until conditions improve. Any ruts deeper than four inches shall be raked flat by the holder. 8) Follow best management practices as outlined in Monticello Field Office Resource Management Plan, Appendix G. 9) The holder shall provide sufficient portable toilets in the project area and wastes shall be disposed according to federal and state regulations. 10) Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered during construction or maintenance by anyone working on behalf of the holder, will be immediately reported to the BLM MTFO. The holder shall suspend all operations in the immediate area of such discovery until approval to proceed is issued by BLM MTFO. An evaluation of the discovery will be made by the BLM MTFO archaeologist to determine appropriate action to prevent the loss of significant cultural or scientific values. 11) The holder shall protect all survey monuments found within the right-of-way. Survey monuments include, but are not limited to, General Land Office and Bureau of Land Management Cadastral Survey Corners, reference corners, and witness points. In the event of damage or disturbance of any of the above, the holder shall immediately report the incident, in writing, to the BLM authorized officer. Where General Land Office or Bureau of Land Management monuments are damaged or destroyed by the operator, they shall secure the services of a registered land surveyor or a BLM cadastral surveyor to restore the disturbed or destroyed monument. The holder shall record such survey in the appropriate county and send a copy to the authorized officer. If the BLM cadastral surveyors or other federal surveyors are used to restore the monument, the holder shall be responsible for the survey cost. 12) Compliance and Monitoring: On-going compliance inspections and monitoring of this right- of-way will be conducted by the BLM MTFO staff during and after construction. Inspection and monitoring will be conducted to ensure the holder’s compliance with mitigation measure and terms and conditions of this grant. The holder will be notified of compliance related issues in writing, and depending on the nature of the issue(s), will be provided 30 days to resolve

such issues. Removal of soil and native vegetation shall be kept to the minimum amount necessary to fulfill project activities. 13) Federal and state water quality standards and toxic effluent standards will be implemented to minimize potential adverse effects from discharges into Waters of the US. 14) Any unexpected encounters with a protected species will be immediately reported to BLM and US Fish and Wildlife Service, as appropriated. 15) Construction sites, staging areas, and access roads will be kept orderly during construction. 16) Areas where minor contour changes occur during construction will be reshaped to near preconstruction contours. 17) If determined necessary by the BLM, upon project completion and in accordance with reseeding recommendations, disturbed ground will be reseeded with a native seed mix approved by the appropriate agency representative. 18) Best management practices related to erosion and sediment control will be applied where deemed necessary. Emery will ensure that construction-related sediment deposited onto public road surfaces (or other paved areas caused by equipment or vehicles accessing the construction site) will be removed, as needed. 19) All personnel and equipment would be required to stay in the approved construction corridor. 20) To prevent the introduction or spread of weeds, all vehicles and equipment would be power washed prior to entering the construction area. This is critical as equipment that has been staged/used in the city of Bluff is likely to have noxious weed material, particularly knapweed, on them due to weed infestations in the Bluff area. Access to the construction corridor would be limited to existing roads and approaches to minimize unnecessary surface disturbance.

Cultural: 1) All employees, contractors, and sub-contractors of the project will be informed by the project proponent that cultural sites are to be avoided by all personnel, personal vehicles, and company equipment, and that it is illegal to collect, damage, or disturb cultural resources, and that such activities are punishable by criminal and/or administrative penalties under the provisions of the Archaeological Resources Protection Act (ARPA 1979). In the event of a discovery during construction, the project proponent will promptly suspend all construction activities in the immediate vicinity of the discovery and notify the archaeological monitor, if present, or the BLM MTFO, Utah. 2) Site specific avoidance measures would be required at eligible cultural sites. 3) A cultural monitor would be present for all construction-related ground disturbance (i.e. blading, grading, ripping, excavating, pole removal/replacement, vault installation, etc.) to ensure that unanticipated discoveries would be quickly identified and avert any potential damage. 4) Any cultural resources (historic or prehistoric site or object, or human remains) discovered by Emery or their contractor will be immediately reported to the authorized BLM officer; all operations will be suspended in the immediate area of such discovery until written authorization to proceed is issued by the BLM.