Decision Memo Lake Ocoee Inn and Marina Permit Renewal

Transcription

1 Decision Memo Lake Ocoee Inn and Marina Permit Renewal USDA Forest Service Ocoee/ Hiwassee Ranger District, Cherokee National Forest Polk County, Tennessee Approximately 8.03 acres of USA Tract K-986; Parksville Lake at the Prince Branch Inlet; Located in the old Ocoee Surveyor's District, TI, R2E, sec. 13. Background The current permit holder for the Lake Ocoee Inn and Marina (LOIM) has been in place since 1972 (40 years). However, the LOIM has been in existence and continuous operation since the mid-1930's under 3 different owners and 3 different land managers (Tennessee Electric Power Corporation, Tennessee Valley Authority, and U.S. Forest Service). The operation consists of approximately 8 acres and includes overnight accommodations (motel and rental cabins), a marina, restaurant, and rafting business. The current permit will terminate on December 31, 2012 and the current permit holder has applied for a new 30-year permit to replace the expiring 20-year permit. In 1992, the Forest Service approved the implementation of some, but not all of the developments associated with a Master Site Plan for the LOIM. Of the approved developments in that plan, not all developments have been implemented. The permit holder requests that the 1992 Master Site Plan continue to serve as the Master Development Plan under the new permit. The 1992 Master Site Plan to will continue to guide future development of the permit area, until such time as: the remaining 1992 approved developments in the plan are proposed, reviewed, authorized, and implemented to the satisfaction of the Authorized Officer in charge; the pace of development fails to be commensurate with the public need for such developments; and/or other long-range plans or development proposals are analyzed and approved which render the 1992 Master Site Plan guidance obsolete or not in the public interest to continue implementing. However, nothing in this paragraph should be interpreted to mean that this decision authorizes in any way the implementation of any new development associated with the LOIM or 1992 Master Site Plan. Purpose and Need The purpose of the proposed action is for the Forest Service to authorize the continued use, occupancy, and development of a privately provided resort and marina facility located on National Forest System lands (Lake Ocoee Inn and Marina) for 30 more years. The need is for the agency to respond to an application by the existing special use permit holder requesting reissuance of the special use permit for a new term at the end of the current term and whose use remains consistent with the screening criteria found at 36 CFR Page 1 of 4

2 Decision I have decided to authorize the Lake Ocoee Inn and Marina to continue its current use for 30 more years. This decision will be implemented through issuance of a new Term Special Use Permit for a term of 30 years that meets the requirements of the decision and Forest Service regulations. Forest Service regulations require the applicant to: submit (or resubmit) an operation and maintenance plan that complies with the decision requirements; pay any necessary fees; post any necessary bonds; and secure any state or federal permits or authorizations required by law. As required by 36 CFR , I have considered the best available science in making this decision. The project record demonstrates a thorough review of relevant scientific information, consideration of responsible opposing views, and where appropriate, the acknowledgement of incomplete or unavailable information, scientific uncertainty, and risk. Reasons for Categorical Exclusion I have concluded that this action can be categorically excluded from documentation in an environmental impact statement or environmental assessment as it is a routine activity within an approved category of exclusion under 36 CFR 220.6(e)(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," and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. The following resource conditions were considered as part of this analysis: o (i) - Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species; o Agency biologists have reviewed the project and determined that this decision will have no effect on these species or their habitats. o (ii) Flood plains, wetlands, or municipal watersheds; o The project will not affect floodplains, wetlands, or municipal watersheds. o (iii) Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas; o (iv) Inventoried roadless area or potential wilderness area; o (v) Research natural areas; o (vi) American Indians and Alaska Native religious or cultural sites; and Archaeological sites, or historic properties or areas. Page 2 of 4

3 Public Involvement o Pursuant to and in compliance with the terms and conditions codified in the National Historic Preservation Act (NHPA), as amended, (36 CFR 800), the proposed action will result in no significant ground disturbance, nor will it result in any direct, indirect, or reasonable foreseeable future effect to significant cultural resources. Because the proposed project offers no potential for effects to historic properties, it is determined not to be an "undertaking" (36 CFR (4)). It therefore is excluded from the Section 106 reporting process as stipulated in the PA (Programmatic Agreement) and the NHPA (36 CFR 800.6)(a)(1)). o Additionally, the Federal government has trust responsibilities to Tribes under a government-to-government relationship to insure that the Tribes reserved rights are protected. Consultation with tribes helps insure that these trust responsibilities are met. Notification of the proposed project was sent to the tribes in July Responding tribes identified no issues or concerns with the proposed action. This project was first listed in the Schedule of Proposed Actions in July The agency provided a 30-day notice and comment period on the project with publication of a legal notice in the July 27, 2012 Knoxville New Sentinel and letters to interested parties requesting comments. Two comments were received in response to the solicitation. One comment was from the U.S. Fish and Wildlife Service, which had no objection to the action. The nature of the second comment was in regards to permit holder performance under the current permit. The Forest Service response to comments can be found in the project file. Findings Required by Other Laws This decision is consistent with the 2004 Revised Cherokee National Forest Land and Resource Management Plan (RLRMP) as required by the National Forest Management Act. The project was designed in conformance with the RLRMP and is consistent with the goals, objectives and standards for Management Area 4 and Management Prescription Area 5.A. This decision is compliant with the Endangered Species Act. This decision is compliant with the National Historic Preservation Act. Administrative Review or Appeal Opportunities This decision is subject to appeal pursuant to 36 CFR and must meet content requirements of 36 CFR A written appeal, including attachments, must be postmarked or received within 45 days after the date this notice is published in the Knoxville News Sentinel, Knoxville, TN. The appeal shall be sent to USDA Forest Service, ATTN: Appeal, Deciding Officer, 1720 Peachtree Road NW, Suite 811N, Atlanta, GA Appeals may be faxed to (404) Hand delivered appeals must be received at 1720 Peachtree Road NW, Suite 811N, Atlanta, GA within normal business hours of 8:00 am to 4:30 pm. Appeals may also be Page 3 of 4

4 mailed electronically in a common digital format to appeals-southern-regional-office@fs.fed.us with subject: CNF - Lake Ocoee Inn and Marina Permit Renewal Appeal. All time periods are computed using calendar days, including Saturdays, Sundays, and Federal holidays. However, when the time period expires on a Saturday, Sunday, or Federal holiday, the time is extended to the end of the next Federal working day (11:59 pm). The day after publication of the legal notice of the decision in the newspaper of record (36 CFR 215.7) is the first day of the appeal filing period. The publication date of the legal notice of the decision in the newspaper of record is the exclusive means for calculating the time to file an appeal. Appellants should not rely on date or time from information provided by any other source. Implementation Date If no appeals are filed within the 45-day time period, implementation of the decision may occur on, but not before, the 5th business day following the close of the appeal filing period [36 CFR 215.9(a)]. When appeals are filed, implementation may occur on, but not before, the 15th business day following the date of the last appeal disposition. In the event of multiple appeals, the implementation date is controlled by the date of the last appeal disposition [36 CFR 215.9(b)]. Contact Person For additional information concerning this decision, contact Alex Faught, Realty Specialist, Ocoee/ Hiwassee Ranger District, 3171 Highway 64, Benton, TN, or (423) / DERRICKIJASAL MORRIS Forest Supervisor Date / // / The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (Not all prohibited bases apply to all programs.) 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) (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC or call (202) (voice and TDD). USDA is an equal opportunity provider and employer. Page 4 of 4

5 Lake Ocoee Inn & Marina Area Map Polk County, TN Legend Major Utilities Trails Roads District Boundary Quadrangle Miles II 1:24,000 Date: 7/12/2012 Author: A. Faught Disclaimer The USDA Forest Service makes no warranty, expressed or implied regarding the data displayed on this map, and reserves the right to correct, update, modify, or replace this information without notification. Vicinity Map VONO4E - TALLASEE MOUNT VERNONRAFTER,,,,-47.ALp RIVER FALLS ETOWAHMEC7/ BIG JUNCTION TELLICO PLAINS 1S SWALD DOME r" Subject Area TON FARNERUNAKA MCFARLAND, (' D CKTOWNISABLLA CANEY CREEK