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K L A M A T H F A L L S R E S O U R C E A R E A

N E P A C O N F O R M A N C E / P L A N C O N F O R M A N C E

R E C O R D

KCER-99-09

BLM O ffice: K l am a th F a ll s R . A .

Applicant: B & L Lo ggin g, Inc.

Serial No. OR 54894

Proposed Action Title/Type: O & C roa d per mit

Location of Proposed Action: T. 38 S., R. 5 E. Sec. 14 NW¼ NW¼ ; Sec. 22 N E ¼ S E ¼ , S E ¼ N E ¼ ; S e c. 23 N ½ S ½ ;

Sec. 24 SW¼SE¼ , N½SW ¼. BLM adm inistered roads 39-7E-31 and 38-5E-22 located within the above described lands.

Description of Proposed Actio n: issue an O &C road use p erm it to hau l com me rcial tim ber h arves ted fro m p rivate lands .

Part 1 P l an C o nf o rm a n ce R e vi e w This propose d action is subjec t to the Klam ath Falls Reso urce Are a Reco rd of Decision and Resource Management Plan, approved June 1995.

The proposed action has been reviewed for conformance with this plan (43 CFR 1610.5, BLM M S 1617.3)

Tom Cottingham

Realty Specialist

Part 2 NEPA Review

A . Categorical exclusion review. This proposed action qualifies as a categorical exclu s i o n u n d e r 516 DM 6,

Ap pend ix 5.4 E (16). It h as be en rev iewe d to de term ine if an y exc eption s desc ribed in 5 1 6 D M 2, Appendix 2, apply.

Tom Cottingham

Realty Specialist

B . Existing E A / E I S re v i ew . T h is p r op o s e d ac t io n i s a d d r es s e d i n th e f o ll o w in g e x is t in g B L M E A / E I S : Klam ath

Falls Resource Area Record of Decision and Resource Management Plan Date Approved:June 1995.

This EA/EIS has been reviewed against the following criteria to determine if it covers the proposed action:

1. The proposed action is a feature of, or is essentially the same as, the alternative selected and analyzed in the existin g do cum ent.

2. A re ason able ra nge o f alterna tives w as an alyze d in the existing docu me nt.

3. There has been no sig nifican t chan ge in c ircum stanc es or sig nifican t new inform ation g erm ane to the proposed action.

4. The methodology/analytical techniques approach previously used is appropriate for the proposed action.

5. The direct and in direct im pacts of the p ropo sed a ction a re no t signific antly different than those identified in the existin g do cum ent.

6. The propo sed action wou ld not change the prev ious analysis of cumu lative impacts.

7. Public involvement in the previous analysis provides appropriate coverage for the proposed action.

Tom Cottingham

Realty Specialist

Part 3 R ecomm endatio n/Ratio nale

Recommendation: I recommend that a O & C road permit be granted to B & L Logging until December 31, 1999, with an option to renew, for use of BLM-administered roads 39-7E-31 and 38-5E-22 located within T. 38 S . , R .

5 E . S e c . 1 4 N W ¼ N W ¼ ; S e c . 2 2 N E ¼ S E ¼ , S E ¼ N E ¼ ; S e c. 2 3 N ½ S ½ ; Sec. 24 SW¼SE¼, N½S W¼. The grant should be made under the authority of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) and subject to the terms and conditions in 43 CFR 2801. The grant should also be subject to the mitigations set forth in the application.

Rationale for Recommendation: The proposed action meets the criteria for categorical exclusion in 516 DM 6,

Ap pend ix 5.4 E (16), and none of the exceptions in 516 DM 2, A ppen dix 2 , apply . Furth er, the a ction is in conformance with th e Kla ma th Falls Resource Area Resource Management Plan, Approved June 1995 June 1995.

Tom Cottingham

Realty Specialist Date 1/18/99

Decision: I have reviewed this plan conformance and NEPA co n f o r m a n c e r e c ord and have determined that the proposed proje ct is in con form ance with th e app rove d land use p lan an d that n o furth er env ironm ental a nalys is is required. It is my decision to implement the project, as described, with the mitigation measures identified b e lo w .

Mitigation Measures/Other Remarks: None

B & L Logging, Inc.

10950 Highway 140

Eagle Point, OR 97524

Categorical Exclusion No. KCER-99-09

The proposed action to issue an O&C road use permit to haul commercial timber harvested from private lands is designated a categorical exclusion in 516 DM 6 appendix 5.4 E (16).

The proposal has been screened a nd does n ot meet the c riteria for exception under 516 DM

2.3A(3): 1. Health and Safety; 2. Unique Resourc es; 3. Contro versial; 4. Risk s; 5. Precede nt;

6. Cumulative; 7. Cultural and Historical; 8. Threaten ed or End angered S pecies; 9. Vio late

Law. Therefore, no further environmental analysis is required.

/s./ Richard Mayberry

Richard W. M ayberry

Acting Klamath Falls Field Manager

1/19/99

Date

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