review for extraordinary circumstances...

REVIEW FOR EXTRAORDINARY CIRCUMSTANCES Driveway and Mailbox permit at 47441 Highway 74 - for Owen and Renner

San Jacinto Ranger District * San Bernardino National Forest

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Background:

This project is a permit reissuance for an existing driveway originally under an encroachment permit to Dennis

M. Bennett and Colleen Bennett in 1990. In 1991 it was issued under a special use permit to Joseph and Judith

Wilson. Then in 1993 they added a mailbox, which was issued under a separate permit. Both permits were

reissued in 2005 set to expire in 2013. However, the Wilsons no longer own the property, it went into foreclose

and the new owners, Tim Owens and Diana Renner, who purchased the property in 2008, were unaware that the

driveway and mailbox were on National Forest system lands until the district permit administrator left a note on

their door. This project would combine both uses, driveway and mailbox, into one permit and issue it to the

current owners for 20 years.

Project Purpose:

Issuance of a 20 year special use permit to Timothy Owen and Diana Renner for access to a private residence

(driveway) and a standard issue metal mailbox and newspaper box in conformance with U.S. Postal Service

regulations and Forest Design specifications - an area approximately 6 feet by 6 feet. There is a need to issue a

permit for the existing improvements to the correct owners, and the improvements are necessary in order to

provide reasonable access to private lands and United States Postal Services.

Project Location:

Located at 47441 Hwy 74, Hemet CA 92544 (near Cranston Fire Station). NW1/4 Sec. 13, T. 5 S., R. 1 E.,

SBM, Blackburn Canyon Quadrangle.

Project Description:

This permit would cover a right-of-way 85 feet in length, 18 feet in width, containing approximately .04 acres,

including an area approximately 6 feet by 6 feet for the mailboxes. The driveway is paved - partially with

asphalt and partially with cement. See Maps, Figures and photos.

Design Criteria:

1. The Holder in exercising the privileges granted by this permit shall comply with all applicable State and

Federal laws, Executive Orders, and Federal rules and regulations, and shall comply with all State standards

for public health and safety, environmental protection, and siting construction, operation, maintenance of or

for rights-of-way for similar purposes if those standards are more stringent than applicable Federal

standards.

2. The Holder shall cut no timber except as authorized by construction stipulations or maintenance

agreements.

3. The Holder shall provide maintenance so that no damage occurs on adjacent National Forest land. The

Holder shall construct and maintain lead-off drainage and water barriers as necessary to prevent erosion.

4. Holder shall pay the United States for all injury, loss, or damage, including fire suppression costs, in

accordance with Federal and State laws.

5. Holder shall indemnify the United States for any and all injury, loss, or damage, including fire suppression

costs the United States may suffer as a result of claims, demands, losses, or judgments caused by the

Holder's use or occupancy under this permit.

6. All construction or reconstruction of the road shall be in accordance with plans, specifications, and written

stipulations approved by the Forest Service prior to beginning such construction or reconstruction.



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7. The Holder shall repair fully all damage to National Forest roads and trails caused by the exercise of the

privileges granted by this permit.

8. The United States may use the roads without cost for all purposes deemed necessary or desirable in

connection with the protection and administration of the lands or resources of the United States, provided

that it will use the road for commercial hauling purposes, other than the removal of timber cut in

construction or maintenance of the road or other occasional incidental use, only after arranging to pay or

perform its pro rata share of road maintenance.

9. The Forest Service alone may extend rights and privileges for use of the road constructed on the premises to

other non-Federal users provided that such users shall pay a fair share of the current replacement cost less

depreciation of the road to the holder, and reconstruct the road as necessary to accommodate their use.

10. The Forest Service retains the right to occupy and use the right-of-way and to issue or grant rights-of-way

for land uses, for other than road purposes, upon, over, under, and through the permit area provided that the

occupancy and use do not interfere unreasonably with the rights granted herein.

11. The Forest Service shall have the right to cross and re-cross the premises and road at any place by any

reasonable means and for any purpose in such manner as does not interfere unreasonably with use of the

road.

12. The Holder shall maintain the right-of-way clearing by means of chemicals only after the Forest

Supervisor has given specific written approval. Application for such approval must be in writing and must

specify the time, method, chemicals, and the exact portion of the right-of-way to be chemically treated.

Project Effects:

There are no proposed changes to the current condition. This is a low impact project that will not have

significant effects on the environment. There is no change beyond the existing condition, the driveway and

mailbox are already present and the driveway connects to State Highway 74, a major, heavily traveled

thoroughfare. The continued use of the driveway will not cause any additional effects to the environment and is

not controversial. There are no extraordinary circumstances or conditions associated with the project.

Applicable Category of Exclusion:

This project is categorically excluded from documentation in an environmental assessment or environmental

impact statement under Forest Service Handbook 1909.1536 CFR 220.6(e)(15)

(15) Issuance of a new special use authorization for a new term to replace an existing or expired special use authorization when the only changes are administrative, there are not changes to the authorized facilities or increases in the scope or intensity of authorized activities, and the applicant or holder is in full compliance with the terms and conditions of the special use authorization.

Proposed Action:

The US Forest Service proposes to issue a special use permit to Timothy Owen & Diana Renner of 47441 Hwy

74, Hemet, CA 92544 authorizing:

Access to a private residence (driveway) and a standard issue metal mailbox and newspaper box in

conformance with U.S. Postal Service regulations and Forest Design specifications, at 47441 Hwy 74,

Hemet, CA 92544. The access is for the owners, their assigns, guests, services and emergency

responders.



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The following resource specialists have reviewed this proposal for “significant and adverse impacts” to

the following extraordinary circumstances:

Extraordinary

Circumstance Specialist Signature/Date Review Results & Citation

Federally listed

threatened or

endangered species or

designated critical

habitat

Species proposed for

Federal listing or

proposed critical habitat

Forest Service sensitive

species

/s/ Anne Poopatanapong District Biologist 08/30/2013

/s/ Debra Nelson District Botanist 08/20/2013

“No I do not see any major wildlife issues

from the reissuance of the mailbox and the driveway….I’m sure that there are R5 sensitive species and habitat …. in the surrounding area, but none that would be affected by the drive way itself.” “No proposed changes from the current condition…no botany issues I can see.” (Email to Heidi Hoggan)

Flood plains, wetlands,

or municipal watersheds /s/ Robert Taylor Forest Hydrologist 08/23/2013

“I have no problems with this one.” (Email to Heidi Hoggan)

Congressionally

designated areas such as

wilderness, wilderness

study areas or national

recreation areas.

/s/ John Ladley Recreation Officer 08/21/2013

“No concerns from my world. Well-kept and aesthetically appropriate.” (Email to Heidi Hoggan)

Inventoried roadless

areas

N/A

N/A

Research Natural Areas N/A

N/A

American Indian and

Alaska Native religious

or cultural sites

N/A

N/A

Archeological sites, or

historic properties or

areas

/s/ Bill Sapp Forest Archaeologist/Tribal Liaison 08/23/2013

Section 106 Clearance: Appendix D, 2.3 (f)

Issuance, granting, or renewal of permits,

easements, or rights-of-way that do not

authorize surface or resource disturbance and

do not have the potential to affect access to or

use of resources by Indians based on the

nature of the undertaking or prior or current

consultation with Indian tribes.



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FINDINGS REQUIRED BY OTHER LAWS

2006 San Bernardino Land Management Plan

This action is in accordance with the goals, objectives, and management direction of the San Bernardino

National Forest Land Management Plan.

Endangered Species Act (ESA) of 1973

There would be no effect on any federally listed and candidate species or their designated critical habitats.

National Historic Preservation Act

The requirements of Section 106 of the National Historic Preservation Act of 1966, as amended, have been met

by following the stipulations included in the First Amended Programmatic Agreement among the USDA Forest

Service, Pacific Southwest Region, the California State Historic Preservation Officer, the Nevada State Historic

Preservation Officer and the Advisory Council on Historic Preservation, and Regarding the Process for

Compliance with Section 106 of the National Historic Preservation Act for Undertaking on the National Forests

of the Pacific Southwest Region (2013 PA). No historic properties will be affected by the project.

Migratory Bird Treaty Act

No habitat for migratory birds will be further disturbed.

Clean Water Act

The project will be conducted in accordance with requirements of the Santa Ana Water Quality Control board to

ensure compliance with the California Water Code and the Federal Clean Water Act.

Floodplain Management (E.O. 11988), Protection of Wetlands (E.O. 11990)

No floodplains, wetlands, or municipal watersheds will be adversely affected by these activities.

I have reviewed the resource conditions presented in this checklist and I find that no

extraordinary circumstances exist for the proposed action.

Line officer Date



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Permit location: NW1/4 Sec. 13, T. 5 S., R. 1 E., SBM, Blackburn Canyon Quadrangle.



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