Att. 5 Categorical Exclusions and Decision 250303.pdf

CATEGORICAL EXCLUSION NEPA PROJECT DESCRIPTION FORM- SUPERIOR NATIONAL

FOREST

Project Proposal Information Project Name: Seagull Bunkhouse

Review Due By: July 1, 2024

Project Leader Name: Brianna Patton

Project Proponent/ Contact: EZ Engineering

District Office: Gunflint

Project location: Provide Legal and Map, include acres.

T65N R4W section 10 Map attached

T:Drive location- geodatabase or layer file:

T:\FS\NFS\Superior\Program\7100Engineering\GIS\EZ NEPA

Forest Plan Management Area: Recreation Use in a Scenic Location

In which CE Category Does This Project Fit and why?

36 CFR 220.6(e)(21)

Construction, reconstruction, decommissioning, relocation, or disposal of buildings, infrastructure, or other improvements at an existing administrative site, as that term is defined in section 502(1) of Public

Law 109-54 (119 Stat. 559; 16 U.S.C. 580d note). Examples include but are not limited to:

(i) Relocating an administrative facility to another existing administrative site;

(ii) Construction, reconstruction, or expansion of an office, a warehouse, a lab, a greenhouse, or a fire-fighting facility;

(iii) Surface or underground installation or decommissioning of water or waste disposal system infrastructure;

(iv) Disposal of an administrative building; and

(v) Construction or reconstruction of communications infrastructure.

Why: Disposal and reconstruction of an administrative site building.

Proposed Timeframe: 2025-2026

Date project begun (entered in PALS if required)

Fall of 20205

Implementation Date(s): Fall of 2025. Contract dependent.

Insert Map (JPG) here.

https://www.govinfo.gov/link/plaw/109/public/54 https://www.govinfo.gov/link/plaw/109/public/54 https://www.govinfo.gov/link/uscode/16/580d

Describe the proposed Action- Describe the following: Explain Who wants to do What, Where, and Why they want to do it, and How it would be accomplished.

Who: Engineering

What: Demo the existing Bunkhouse at Seagull Guard Station and replace with new 12-person Bunkhouse and landscaping accordingly.

Where: Current Seagull Guard Station Administrative site

Why: Current Bunkhouse was moved on site and is approximately 60+ years old. The up keep and maintenance on the building is very expensive and the building is not up to current code. The new bunkhouse would allow for more personnel to be housed and would be safer and much less expensive to upkeep and maintain.

How: Contractor would tear down and remove the existing building. He would then prepare the site and build the new Bunkhouse.

PRIOR NEPA REVIEW OR PLANNED IMPLEMENTATION FOR AREA

What prior NEPA decisions cover the project area?

Check: T:\FS\Reference\GIS\r09_snf\LayerFile\NEPA\FACTS NEPA Decisions

What treatment, if any is planned in the project area under other NEPA?

Check: T:\FS\Reference\GIS\r09_snf\LayerFile\NEPA\All Planned NEPA Treatments, Generalized Treatment

What is currently planned for implementation in the project area?

Check: T:\FS\Reference\GIS\r09_snf\LayerFile\NEPA\NOT Yet Accomplished, Implementation Plan

What on-the-ground work has been accomplished recently in the project area?

Check: T:\FS\Reference\GIS\r09_snf\LayerFile\NEPA\Accomplished Treatments, Generalized Treatment

For Roads and Trails:

☐Multi-use trail, summer & winter, width if winter only

☐Road prism present

☐Erosion present

☐Areas with unaltered ground

☐Motorized

☐Access control needed

☐Attached photos of wetland or waterbody crossing

Environmental Analysis Review

Are the following resource conditions present? If any are marked yes, comments/rationale on whether or not there are extraordinary circumstances must be provided.

Climate Change?

Comments/Rationale:

☐Yes

☒No

Environmental Justice?

Comments/Rationale:

☒Yes

☐No

Federally Listed threatened or endangered species or designated critical habitat?

If yes, see the Wildlife and Botany Concerns/Effects sections.

☐Yes

☒No

Regional Forester Sensitive Species?

If yes, see the Wildlife and Botany Concerns/Effects sections.

Flood plains, wetlands, or municipal watersheds?

If yes, see riparian / soils sections.

Congressionally designated areas impacted or included? I.E Wilderness areas or anticipated effects to wilderness

If yes, see the Rec/Wilderness sections.

RACR; Regional approval required?

Forest Plan inventoried roadless area?

Research Natural Areas?

If yes, see Forest Plan compliance section.

Known Heritage/ Cultural Site?

If yes, see the Heritage Concerns/Effects section.

Based on this information, the resource review below, and the project record, does the line officer determine there are any extraordinary circumstances?

The following table is to be completed by IDT members. Specify any concerns/effects, mitigations or if you have NO or MINIMAL concerns.

If a resource topic is irrelevant to a project, the IDT member or project leader should write

Not Applicable in that box.

Special Use Permits: Record under ‘Hours required’ Estimated time needed to review, discuss, and comment on the proposal, field visits, data collection, analysis, or reports generated.

Botany Concerns/Effects/Legal Compliance Hours required:

No concerns.

Signature: /s/ Laurie M. Gawin 9/26/24

Water Resources Concerns/Effects/Legal Compliance Hours required: 0.1

No Concerns.

Signature: /s/ Jason Butcher 9/26/24

Fisheries Concerns/Effects/Legal Compliance Hours required: 0

No Concerns; no effect to Aquatic RFSS.

Signature: /s/ Jason Butcher 9/26/24

Heritage Concerns/ Effects/Legal Compliance Hours required:

This project is being recommended as No Historic Properties Affected. The Seagull Guard Complex was recommended as Not Eligible; the MN SHPO concurred on 1/6/2025. No concerns.

Signature: /s/ Sara Kerfoot 1/7/2025

Recreation/Scenery Concerns/Effects/Legal Compliance Hours required:

No Concerns

Signature: /s/ Ryan Blaisdell 10/02/2024

Wilderness/Roadless Concerns/Effects/Legal Compliance Hours required:

No Concerns

Signature: /s/ Ryan Blaisdell 10/02/2024

Silviculture Concerns/Effects/Legal Compliance Hours required: 0.25

Signature: /s/ Sarah K. Poznanovic 10/1/2024

Soil Concerns/Effects/Legal Compliance Hours required: 15 min

No concerns

Signature: /s/ David Morley 09/30/2024

Special Uses Non-Rec Concerns/Effects/Legal Compliance Hours required:

No concerns

Signature: /s/ Cathy Peterson 09/26/2024

Special Uses-Rec Concerns/Effects/Legal Compliance Hours required:

Signature: /s/Jessica Haig 9/26/24

Timber Concerns/Effects/Legal Compliance Hours required:

Signature: /s/ Joe Mundell/Gene Dressely 09/27/2024

Transportation Concerns/Effects/Legal Compliance Hours required:

No concerns. Contractor will handle any permits or other safety requirements.

Signature: /s/ Zachary Barry 01/14/2025

Wildlife Concerns/Effects/Legal Compliance Hours required:

No concerns. This project will not impact any RFSS, nor will it have any effects on Federally-listed species or their critical habitats. In July 2024, we inspected the structure for bat occupancy and did a nighttime emergence survey; no bats were detected, nor were any usable crevices/entry points observed.

Signature: /s/ Chris Beal 09/26/2024

Public Involvement Concerns/Legal Compliance Hours required:

NA

Signature:

Boundary Management Concerns/Legal Compliance Hours required:

NA

Signature:

Fuels/Effects/Legal Compliance Hours required:

No concerns

Signature: /s/ Julie Baxter 09/30/24

Tribal Resource Concerns/ Effects/Legal Compliance

Tribal Engagement needed YES ☒ No ☐

If yes describe engagement: This project was presented to the Bands at the February 2025 Monthly Tribal Coordination meeting. No concerns were raised by the Bands, No additional Consultation needed at this time.

Signature: /s/ Juan R Martinez 02/19/2025

State and County Government Coordination (for example, with cross boundary trail projects)

State and/or County Government Engagement needed

YES ☐ No ☒

If yes describe engagement:

Signature: /s/ Zachary Barry 01/14/25

Forest Plan Consistency/Legal Compliance

Is the activity consistent with Forest Plan Management Area Direction?

YES ☒ No ☐

Is the activity consistent with Forest Plan Standards and Guidelines?

YES ☒ No ☐

Layer location: Database Connection:

S_R09_SNF.DEFAULT:S_R09_SNF.Planning_ManagementAreas If it is unclear whether the project is consistent with Forest Plan direction, explain here:

This is an admin site.

FOREST

Signature: /s/ Matt Modlin 01/14/25

Summary of Project Requirements:

Demo the existing Bunkhouse at Seagull Guard Station and replace with new 12-person Bunkhouse and landscaping accordingly.

Reviewed by:

Who Name Signature Date

Environmental Coordinator (Detailed)

Trevor Peck /s/ Trevor Peck 02/20/2025

Approved by:

Who Name Signature Date

District Ranger

Kyle Stover 03/03/2025

FOREST

SEAGULL BUNKHOUSE REPLACEMENT

U.S. Forest Service

Gunflint Ranger District, Superior National Forest

Cook County, Minnesota

This decision incorporates all information in this document and included in the project file.

DECISION & RATIONALE

I have decided to authorize the activities described in the Proposal section, to include any modifications identified during environmental analysis and review of regulatory compliance.

APPLICABLE CATEGORICAL EXCLUSION & FINDINGS REQUIRED BY OTHER LAWS

The Project Proposal Information section provides rationale for categorically excluding this action from documentation in an Environmental Assessment (EA) or Environmental Impact Statement (EIS) and for using the identified category/categories. The Environmental Analysis Review section documents rationale to support my finding that no extraordinary circumstances exist, along with findings required by other applicable laws and regulations to demonstrate compliance with the regulatory framework for the activities authorized by this decision.

AGENCIES, ORGANIZATIONS & PERSONS CONTACTED

A list of agencies, organizations and/or persons contacted regarding this proposal is provided, along with a brief overview of comments/feedback received and how they were considered.

IMPLEMENTATION DATE

I intend to implement this decision upon my signature.

ADMINISTRATIVE REVIEW

Decisions that are categorically excluded from documentation in an Environmental Assessment (EA) or

Environmental Impact Statement (EIS) are not subject to an administrative review process (Agriculture

Act of 2014 [Pub. L. No. 113-79], Subtitle A, Sec. 8006).

CONTACT

For additional information concerning this decision, contact:

Zachary Barry, Civil Engineer, 1393 Highway 169, Ely, MN, 55731, 218-365-7604

Kyle Stover

District Ranger

03/03/2025

FOREST

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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.

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