Examples of Documentation Requirements When Using Other Non-Energy Act CXs
Last Page Update: July 29, 2010
Documentation Requirements for CXs Not Established by Statute
No Documentation Required
Formal documentation as outlined in Appendix 6 of the BLM NEPA Handbook is not always required for CXs. It may be helpful however to include a statement of what CX is being employed in the administrative file for a given action or in any written authorization that may be part of the process. Formal documentation as outlined in Appendix 6 would often not be necessary for:
- Actions that have no environmental effect. Including activities such as personnel actions (43 CFR 46.210(a)) or routine financial transactions (43 CFR 46.210(c)).
- Actions that have negligible environmental effects. Including activities such as nondestructive data collection (43 CFR 46.210(e)); installation of routine signs and markers (516 DM 11.9 (G.2)); or routine and continuing government business, including such things as supervision, administration, operations, maintenance, renovations, and replacement activities having limited context and intensity (e.g., limited size and magnitude or short-term effects) (43 CFR 46.210(f)).
Example of Documentation for CXs Not Established by Statute
Categorical Exclusions Not Established by Statute
LAND USE PERMIT AZA-XXXXX
BLM Office: XXX Field Office Lease/Serial/Case File No.: AZA-XXXXX
Proposed Action Title/Type: Kiosk Program
Location of Proposed Action: The site is on the east side of Highway 95, on the corner of Highway 95 and Bullhead Parkway, Bullhead City, Arizona, Mohave County:
Gila and Salt River Meridian, Arizona
T. 19 N., R. 22 W.,
Section 2, SW1/4SE1/4.
Description of Proposed Action: On July 14, 2009, Barry Goff filed a Land Use Permit Application to allow two existing kiosks to remain on public land. The kiosks are comprised of several panels that serve to direct motorists to community facilities, housing subdivisions, government offices, etc. They were installed on behalf of the City of Bullhead City in accordance with the Bullhead City Community Directional Sign Program. The location adjacent to Arizona Department of Transportation (ADOT) Highway 95 right-of-way has been coordinated through the application process with ADOT, and ADOT will allow the two kiosks to remain contingent upon application and authorization from the Bureau of Land Management.
Each kiosk is 7’2.5” high, 6’ 6” wide. The 4” square side posts (frame) are buried 4’6” in a 24” diameter hole of concrete. A 2” sleeve is above the ground with a ½” x 10” x 10” base plate and anchor bolts as required. Each kiosk site contains approximately .003 acres, and the land use area totals .006 acres.
Both signs are located near the intersection of Highway 95/Bullhead Parkway. One sign, referred to in the application as #20 is located east of Highway 95, and south of the Bullhead Parkway, and the other sign, referred to in the application as #21 is located east of Highway 95, and north of the Bullhead Parkway.
B. Land Use Plan Conformance
Land Use Plan (LUP) Name: Lake Havasu Field Office Resource Management Plan
Date Approved/Amended: May 10, 2007
The proposed action is in conformance with the LUP, even though it is not specifically provided for, because it is clearly consistent with the following LUP decision:
Use Authorization, RMP page 37: Lake Havasu Field Office may allow the use of the public lands or interests in lands through issuance of ROWs, leases, and permits. The types of uses that would be authorized by a ROW would include access roads, power lines, telephone lines, fiber optic systems, communications facilities, and so forth. Examples of uses authorized pursuant to the Mineral Leasing Act include crude oil pipelines and oil and gas pipelines. Typical uses authorized by permits would include filming and establishing and maintaining apiary sites.
C: Compliance with NEPA:
The Proposed Action is categorically excluded from further documentation under the National Environmental Policy Act (NEPA) in accordance with 516 DM 11.9G(4) Placement of recreational, special designation, or information signs, visitor registers, kiosks, and portable sanitation devices.
This categorical exclusion is appropriate in this situation because there are no extraordinary circumstances potentially having effects that may significantly affect the environment. The proposed action has been reviewed, and none of the extraordinary circumstances described in 516 DM2 apply.
I considered the proposed action and have determined that there is no potential for significant impacts. There will be no on-the-ground impacts associated with the proposed action. The kiosks were constructed and assembled in 2007.
For additional information concerning this CX review, contact Realty Specialist XXX at the Lake Havasu Field Office, 2610 Sweetwater Avenue, Lake Havasu City, AZ 86406 928-505-1284.
Note: A separate decision document has been prepared for the action covered by this CX. See Attachment.
Example of Documentation for CXs Not Established by Statute with Full Extraordinary Circumstances Discussion
United States Department of the Interior
Bureau of Land Management
Categorical Exclusion Not Established By Statute
VERNON HILLS SHALE
MINERAL MATERIAL SALE
Location: T. 8 S., R. 5 W., SLM, Tooele County, Utah
Section 26; SE¼
Applicant/Address: Interpace Holdings, LLC
736 W. Harrisville Rd.
Ogden, UT 84404
Salt Lake Field Office
2370 South 2300 West
Salt Lake City, Utah 84119
CATEGORICAL EXCLUSION NOT ESTABLISHED BY STATUTE
VERNON HILLS SHALE
BLM Office: Salt Lake Field Office Lease/Serial/Case File No: U-77848
Proposed Action Title/Type: ____Vernon Hills Shale, Mineral Material Sale_____________
Location of Proposed Action: _T. 8 S., R. 5 W., SLM, Tooele County, Utah, Section 26; SE¼
Description of Proposed Action:
Interpace Holdings, LLC (Interpace) has submitted a request to extract shale/clay from the southern Vernon Hills in Tooele County. The BLM previously issued a letter of authorization to Interpace for exploration and sampling at this location in June, 2006. The applicant now proposes to excavate and purchase approximately 6,000 tons of material per year over the next 3-5 years for the manufacturing of face and paving brick. Interpace would mine material during a 3-4 week period each year at which time a small amount of material would be stockpiled at the site. At the end of each 3-4 week mining campaign, all excavated material would be removed from the site, the pit would be re-contoured, and the site secured. At the conclusion of the contract the site would be re-contoured and reclaimed.
The site would be accessed from Highway 36 utilizing 1.3 miles of existing unpaved road then 0.1 mile of an old cross-country route created during Interpace’s 2006 exploration and sampling program. The proposed action would disturb less than 5 acres including the re-activated cross country access route. A Right-of-Way would be issued to access the mine.
The costs for the BLM to process this application would be paid for by the applicant under BLM’s Mineral Material Cost Recovery regulations in accordance with 43 CFR 3602.31(b).
B. Land Use Plan Conformance
Land Use Plan Name: Pony Express RMP Date Approved: January 12, 1990
The proposed action is in conformance with the applicable LUP because it is specifically provided for in the following LUP decision(s):
Minerals Program Decision 1
“BLM will continue to process applications for the removal of common variety mineral materials, including sand and gravel, on a case-by-case basis as regulated under 43 CFR 3600. Stipulations to protect surface values will be required based on review of each proposal.”
C. Compliance with NEPA
The Proposed Action is categorically excluded from further documentation under the National Environmental Policy Act (NEPA) in accordance with 516 DM 11.9, F Solid Minerals (10). “Disposal of mineral materials, such as sand, stone, gravel, pumice, pumicite, cinders, and
clay, in amounts not exceeding 50,000 cubic yards or disturbing more than 5 acres, except in riparian areas”.
This categorical exclusion is appropriate in this situation because there are no extraordinary circumstances potentially having effects that may significantly affect the environment. The proposed action has been reviewed, and none of the extraordinary circumstances described in 43 CFR Part 46.215 apply.
I consider this mineral material sale an opportunity for the BLM to obtain fair market value for the mineral material mined.
Authorizing Official: ______________________
For additional information concerning this CX review, contact Stephen Allen, Geologist, Salt Lake Field Office, 2370 South 2300 West Salt Lake City, Utah 84119, 801 977-4360.
Extraordinary Circumstance to Categorical Exclusions
The action has been reviewed to determine if any of the extraordinary circumstances (43 CFR 46.215) apply. The project would: