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DECISION MEMOJasper-Newton Electric Cooperative, Inc.Powerline Special Use Permit Reissuance ProjectU.S.D.A. Forest ServiceNational Forest & Grasslands in TexasAngelina National ForestAngelina/Sabine Ranger DistrictAngelina and Jasper County, TexasDECISIONI have decided to authorize the reissuance of the following Jasper-Newton Electric Cooperative,Inc. (JNEC) Special Use Permits for a new 03ANG403304LENGTH &AREA OF USE50.07 miles121.90 acres1.27miles15.41 acres1.61 miles3.90 acres5.07 mile11.75 acresPOWERLINE LOCATIONAdministrativeCompartmentCOUNTYUSGS QuadTractC- 55-65, 67,71, 73-81, 8387, 90-96Angelina& JasperBoykin Springs,Cassells-BoykinPark, McGee Bend,Ebenezer, ZavallaA-1-I, A-1-II, A1-V, A-1-VI, A1-VII, A-1-b, A1a-I, A-2h-II,A-2, A-8, A-8a,A-8b, A-9, A30C- 82JasperMcGee BendA-1-IIC-61AngelinaA-8, A-2h-I,A-1-VIC-62, 75, 78,92, 93Angelina& JasperCassells-BoykinParkBoykin Springs ,Cassells-BoykinPark, EbenezerA-1-I, A-1-II, A1-V, A-1a-III,The new authorized term will be for a minimum of 20 years. The authorization is for existingpowerline rights-of-ways (ROW) that are located on the Angelina National Forest. The SpecialUse Permits issued under this authorization cover approximately 58.02 miles of powerlineROWs that have widths that range from 10 feet to 100 feet. A total of 152.96 acres are involvedwith this authorization.There are no changes to the existing authorized facilities or the scope or intensity of theauthorized use. The JNEC is in compliance with the terms and conditions of the current SpecialUse Permit.PROPOSE OF DECISIONThe purpose of the project is to issue four new Special Use Permit authorizations to JNEC forexisting electric powerline right-of-ways. The current permits have expired and need to bereissued for a new term. These existing permitted powerlines are located on the Angelina—JNEC Special Use Permit Decision Memo —Page 1 of 6

National Forest in Angelina and Jasper County, Texas (map attached). The powerlines serveresidents and businesses in those counties.CATEGORICAL EXCLUSION & EXTRAORDINARY CIRCUMSTANCESThis action is categorically excluded from documentation in an environmental assessment (EA)or an environmental impact statement (EIS) for the following reasons (36 CFR 220.6 (a)):1) Past projects, which are similar to the proposed action, have had no significant effects,individually or cumulatively, and no extraordinary circumstances exist in this proposal thatmight cause the action to have significant effects upon the human environment.2) This proposal is consistent with and similar to the categories of action which may beexcluded from documentation in an EIS or an EA as described in (36 CFR 220.6 (e)(15)).There are no extraordinary circumstances that would warrant further analysis and documentationin an EA or EIS. Taken into account were resource conditions identified in agency proceduresthat should be considered in determining whether extraordinary circumstances might exist:Federally listed threatened or endangered species or designated critical habitat, speciesproposed for Federal listing or proposed critical habitat or Forest Service sensitivespecies – This project is only administrative in nature. No new construction orreconstruction is approved. District biologist reviewed the current permitted use andexisting environmental information. No new concerns were discovered. This evaluationis based upon the best available science, including peer-reviewed scientific literature,state and federal agency reports and management input, discussions with scientists andother professionals, and ground-based observationsFlood plains, wetlands, or municipal watersheds – No floodplains, wetlands, municipalwatersheds, congressionally designated areas, inventoried or potential roadless areas, orresearch projects are involved in the proposed project area (36 CFR 220.6 (b)).Congressionally designated areas such as wilderness, wilderness study areas, or nationalrecreation areas – None are present.Inventoried roadless areas or potential wilderness areas – None are present.Research natural areas – None are present.American Indians and Alaska Native religious or cultural sites and Archaeological sites,or historic properties or areas – This project falls within the Exempted ActivitiesCategories of the Programmatic Agreement process for the National Register of HistoricPlaces (NRHP) 106 compliance (letter to Texas Historical Commission dated March29,2011). Because this project is an Exempted Activity, consultation with the StateHistoric Preservation Office, the Caddo Nation of Oklahoma and The AlabamaCoushatta Tribe of Texas was not required.Visual resources and water quality will not be impacted. In relation to air quality, the proposedactions will not cause the National Ambient Air Quality Standards or Class II Areas to beviolated. The effect of this project on climate change has been considered, as well as the effect—JNEC Special Use Permit Decision Memo —Page 2 of 6

of climate change on this project. Any resulting greenhouse gas emission would not bemeasurable on a global scale.PUBLIC INVOLVEMENTA scoping letter was mailed to the current list of potentially interested or affected parties on May10, 2012. This project is denoted as “Jasper-Newton Electric Cooperative, Inc. PowerlineSpecial Use Permit Reissuance” on the Schedule of Proposed Actions. One response wasreceived from the Choctaw Nation of Oklahoma state they had no objection to the project.The public and internal scoping did not lead to any information that would result in a change ofthe project Decision. Documentation of public involvement is on file at the District Office onState Highway 21 just east of Milam, Texas.FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONSThe project was designed in conformance with the 1996 Revised Land and ResourceManagement Plan for the National Forests and Grasslands in Texas.ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIESThis decision is subject to administrative appeal in accordance with 36 CFR 215 and the judicialruling in Sequoia ForestKeeper v. Tidwell. Appeals must meet content requirements of 36 CFR215.14. A written appeal, including attachments, must be postmarked or received within 45 daysafter the date this notice is published in the Lufkin Daily News. The appeal shall be sent toUSDA, Forest Service, ATTN: Appeals Deciding Officer, 1720 Peachtree Rd, N.W., Suite 811N,Atlanta, Georgia 30309-9102, within 45 days of the date of the legal notice. Appeals may befaxed to (404) 347-5401. Hand-delivered appeals must be received within normal business hoursof 7:30 a.m. to 4:00 p.m. Appeals may also be mailed electronically in a common digital formatto appeals-southern-regional-office@fs.fed.us. Appeals must meet content requirements of 36CFR 215.14.IMPLEMENTATION DATEIf no Appeals are filed, implementation of this decision may occur on, but not before, fivebusiness days from the close of the appeal filing period. If an appeal is received, implementationmay not occur for 15 business days following the date of appeal disposition (36 CFR 215.9).—JNEC Special Use Permit Decision Memo —Page 3 of 6

CONTACTFor further information on this decision, contact Acting District Ranger, Thomas C. Philipps,5050 State Highway 21 East, Hemphill, TX 74948, phone 409-625-1940.Mark E. Van EveryForest SupervisorNational Forest & Grasslands in Texas2221 RaguetLufkin, Texas 75904DateThe U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on thebasis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status,parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or partof an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to allprograms.) Persons with disabilities who require alternative means for communication of program information(Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice andTDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 IndependenceAvenue, S.W., Washington, D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA isan equal opportunity provider and employer.—JNEC Special Use Permit Decision Memo —Page 4 of 6

VICINITY MAPJasper-Newton Electric Cooperative, Inc.Powerline Right-of-Way Special Use Permit ReissuanceVicinity of Permited UseAngelina National ForestAngelina & Jasper County, TexasProject Area—JNEC Special Use Permit Decision Memo —Page 5 of 6

LOCATION MAPJasper-Newton Electric Cooperative, Inc.Powerline Right-of-Way Special Use Permit ReissuanceVicinity of Permited UseAngelina National ForestAngelina & Jasper County, Texas0Legend0.751.53 MilesJasper-Newton Electric Coop Right-of-WayThis GIS product was compiled from various sourcesand may be corrected, updated, modified, or replacedat any time.5-10-12 CF—JNEC Special Use Permit Decision Memo —Page 6 of 6

Jasper-Newton Electric Coop Right-of-Way LOCATION MAP Jasper-Newton Electric Cooperative, Inc. Powerline Right-of-Way Special Use Permit Reissuance Vicinity of Permited Use Angelina National Forest Angelina & Jasper County, Texas 0 0.75 1.5 3 Miles. Title: Decision Memo Author: cherylfoster Keywords : NEPA, Decision Memo Created Date: 5/31/2012 11:14:32 AM .