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Last modified
6/28/2010 1:32:36 PM
Creation date
6/28/2010 1:29:48 PM
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Board Meetings
Board Meeting Date
4/30/2004
Description
23G
Board Meetings - Doc Type
Executive Session
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concerns. 40 C.F.R. § 1502.9(c)(1)(I). Here, the issuance of an easement changes the legal <br />status of WS SC's authorization, but it does not change either the footprint of the reservoir upon <br />the environment or the operations analyzed in the FEIS The easement gives the Forest Service <br />the right to impose conditions as with a special use permit. Subparagraph I.B. of the Easement <br />provides: "The terms and conditions of this authorization shall be subject to revision in the years <br />2014, and 2034 to reflect changing times and conditions as specified in subparagraph I.C." (AR- <br />LD at 4899.) Subparagraph I.C. provides: "Upon revision in the years 2014 and 2034, this <br />easement is subject to then - current laws, regulations, Federal and State land use plans and other <br />management decisions of the authorized officer or his or her superior applicable to management <br />of National Forest System lands to the same extent as if the easement had been terminated and a <br />new easement issued except that the question of whether the occupancy is in the public interest <br />and can be continued will be answered in the affirmative." Id. Moreover, the easement can be <br />revoked by the Forest Service if WSSC fails t� comply with the terms and conditions. Id. at <br />4901. <br />Finally, although the DEIS included a proposed special use permit, both the FEIS and the <br />ROD considered the issuance of a land use authorization. Both the DEIS and the FEIS explained <br />that two of the alternatives being considered were effectively perpetual grants, as is an easement. <br />As the FEIS explained, "Alternatives A and B both establish a policy that has the effect of <br />making the land use and its affects permanent by removing the opportunity for the public to <br />change permit conditions, when that use has been shown to have avoidable adverse effects. This <br />has the effect of converting the temporary land -use authorization into a perpetual grant or <br />property right." (AR -LD at 3126.) The Forest Service's determination that a SEIS was not <br />-33- <br />
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