TROPIC TO HATCH 138 kV 

TRANSMISSION LINE

Record of Decision 

U.S. Department of Agriculture 

Forest Service 

Intermountain Region 

Dixie National Forest 

April 2011 
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Table of Contents 

Introduction ............................................................................................................................................ 1

Summary ............................................................................................................................................ 1

Decision .................................................................................................................................................. 3

Mitigation ............................................................................................................................................... 4

Rationale for the Decision ...................................................................................................................... 7

Meeting the Purpose and Need ........................................................................................................... 7

Consideration of the Issues ................................................................................................................. 7

Land Use ......................................................................................................................................... 7

Threatened, Endangered, and Sensitive Species ............................................................................ 8

Wildlife ........................................................................................................................................... 9

Distinctive Land Areas ................................................................................................................... 9

Visual Resources .......................................................................................................................... 10

Consideration of Other Resource Areas ........................................................................................... 10

Consideration of Public Comments and Concerns ........................................................................... 10

Authority .......................................................................................................................................... 11

U.S. Forest Service ....................................................................................................................... 11

Bureau of Land Management ....................................................................................................... 11

National Park Service ................................................................................................................... 11

Changes between Draft and Final EIS .............................................................................................. 11

Consultation .......................................................................................................................................... 11

Tribal Consultation ........................................................................................................................... 11

National Historic Preservation Act Section 106 Consultation ......................................................... 12

Public Involvement ............................................................................................................................... 12

Alternatives .......................................................................................................................................... 12

Alternatives Considered in Detail .................................................................................................... 12

Alternatives Considered but not Given Detailed Study .................................................................... 14

Consistency with Planning Documents and Other Laws ...................................................................... 16

Dixie National Forest Land and Resource Management Plan .......................................................... 16

National Forest System Land and Resource Management Planning Rule ....................................... 16

Grand Staircase-Escalante National Monument Management Plan ................................................. 16

BLM – Kanab Resource Management Plan ..................................................................................... 16

Bryce Canyon National Park General Management Plan ................................................................ 16

Other Laws ....................................................................................................................................... 16

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Tropic to Hatch 138 kV Transmission Line 
Environmentally Preferred Alternative ................................................................................................ 18

Administrative Review ........................................................................................................................ 18

Implementation .................................................................................................................................... 19

Implementation Date ........................................................................................................................ 19

Contact Person ..................................................................................................................................... 19

Signature and Date ............................................................................................................................... 19

References ............................................................................................................................................ 20

Appendix 1 

Appendix 2 

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Acronyms and Abbreviations 

BA Biological Assessment 

BLM Bureau of Land Management 

BO Biological Opinion 

BRCA Bryce Canyon National Park 

DEIS Draft Environmental Impact Statement 

DNF Dixie National Forest 

EPA Environmental Protection Agency 

FAA Federal Aviation Administration 

FEIS Final Environmental Impact Statement 

FLPMA Federal Land Policy and Management Act 

GSENM Grand Staircase-Escalante National Monument 

IRA Inventoried Roadless Area 

KFO Kanab Field Office 

kV Kilovolt 

LRMP Land and Resource Management Plan 

NEPA National Environmental Policy Act 

NPS National Park Service 

RMP Resource Management Plan 

ROD Record of Decision 

SIO Scenic Integrity Objective 

SITLA School and Institutional Trust Lands Administration 

SR State Route 

UDWR Utah Division of Wildlife Resources 

UPD Utah prairie dog 

USFS U.S. Forest Service 

USFWS U.S. Fish and Wildlife Service 

VRM Visual Resources Management 

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INTRODUCTION 

Summary 

Garkane Energy has filed applications for a special use permit on the Dixie National Forest (DNF) 

proposing construction of a 138 Kilovolt (kV) transmission line that would replace most of the 

existing 69 kV line and increase the reliability and capacity of Garkane’s electrical delivery system 

between the communities of Tropic and Hatch in southern Utah. The Draft Environmental Impact 

Statement (DEIS) and Final Environmental Impact Statement (FEIS) for the Tropic to Hatch 138 kV 

Transmission Line have been prepared pursuant to the requirements of the National Environmental 

Policy Act (NEPA, 40 CFR 1500-1508), the National Forest Management Act, and the DNF Land 

and Resource Management Plan (LRMP). 

This Record of Decision (ROD) complies with 40 CFR 1505.2 and Forest Service Handbook 

1909.15, Chapter 25. In addition to the DNF, the Project Area crosses public lands managed by the 

Bureau of Land Management (BLM) including the Kanab Field Office (KFO) and the Grand 

Staircase-Escalante National Monument (GSENM), and Bryce Canyon National Park (BRCA), as 

well as lands managed by the Utah School and Institutional Trust Lands Administration (SITLA) and 

private lands. 

The Project Area is in Garfield County, Utah between the communities of Tropic and Hatch. The 

Project Area follows the proposed alignment of a 100-foot right-of-way that would be granted if the 

project is approved and constructed. The Project Area also includes all areas identified for building or 

expanding substations, temporary construction sites, temporary work spaces (lay-down yards and 

pulling and splicing sites), and areas where the existing 69 kV transmission line would be removed 

The DEIS documents the analysis of a No Action Alternative and three Action Alternatives designed 

to meet the purpose and need for the project; and provides an overview of the Preferred Alternative. 

The FEIS clarifies the DEIS, providing data and details for Alternative E, the Preferred Alternative, 

and contains Appendix 1, which provides responses to public and agency comments received on the 

DEIS. It is the intent of the Bureau of Land Management and the National Park Service, as 

cooperating agencies, to adopt the FEIS in accordance with 40 CFR 1506.3. 

Alternative E, the Preferred Alternative, was developed through a joint effort of all agencies (U.S. 

Forest Service [USFS], BLM, and NPS), taking into consideration the impacts of all of the resources 

along the Action Alternatives. The route of the Preferred Alternative is comprised of components of 

the Action Alternatives presented in the DEIS: Segment C-1, the East-West Interconnect option and a 

combination of portions of Segments A-3 and C-3. 

The total length of the Preferred Alternative route is 29.41 miles. The entire 100-foot wide right-ofway for the Preferred Alternative route begins at the proposed East Valley Substation following 

Segment C-1 for 17.36 miles where it connects to the East-West Interconnect and travel for 3.70 

miles to the eastern end of Segment A-3. The Preferred Alternative route then follows Segment A-3 

for 1.6 miles to the point where it intersects Segment C-3. The route follows the remainder of 

Segment C-3, terminating at the Hatch Substation. 

The existing 69 kV transmission line between the Bryce Canyon Substation and the Hatch Mountain 

Substation will be removed using the techniques discussed in Section 2.3.3 of the DEIS. This is a 

distance of approximately 16.23 miles. The portion of the 69 kV transmission line to be removed that 

crosses DNF-managed public lands is 5.61 miles long. 

Throughout the planning process the DNF and cooperating agencies worked together to identify 

resource concerns and design alternatives that address or avoid areas of concern. The alternative 

routes were initially developed to address agency and public concerns with the proponent's proposed 

Record of Decision Page 1 

Tropic to Hatch 138 kV Transmission Line
route that were identified during scoping. Among these concerns were the locations of greater sage–

grouse leks and Utah prairie dog (UPD) colonies, visual resources, distinctive land areas, consistency 

with the management plans for the various agencies with lands crossed by the routes, and private 

property concerns. 

Alternative E was the Agencies’ Preferred Alternative considering the following issues and resource 

impacts: 

Segment C-1 was selected as part of the Preferred Alternative because it 

• Parallels the existing 230kV Rocky Mountain Power/PacifiCorp transmission line through the 

Grand Staircase-Escalante National Monument (GSENM). 

• Crosses the GSENM onto the DNF through Cedar Fork Canyon to take advantage of 

paralleling the existing 230 kV line and the John’s Valley/Upper Valley planning window 

area. (This window area was designated in the 1986 DNF LRMP as a critical segment of 

terrain through which energy transportation and utility rights-of-way could pass in traversing 

the Forest). 

• Has fewer impacts to UPD and sage-grouse than Alternative A or B: 

o Alternative C was developed by the interdisciplinary team to reduce impacts to 

greater sage-grouse and UPD on the Paunsaugunt Plateau from either Alternative B 

or A. 

o Segment C-1 was selected to avoid a significant sage-grouse lek complex in John’s 

Valley. 

o Although Segment C-1 is within suitable and occupied UPD habitat, it takes 

advantage of traversing the Forest boundary and therefore skirting the edge of UPD 

territories rather than bisecting large open areas. 

The East-West Interconnect was selected as part of the Preferred Alternative because it 

• Has fewer impacts to wildlife resources and vegetation than portions of segments C-2and C3. 

• Avoids more unique bristlecone pines and sensitive plant populations than Segments C-2 and 

C-3. 

The section of Segment A-3 that was selected as a part of the Preferred Alternative to reconnect 

Segment C-1 to Segment C-3. It was selected because it 

• Takes advantage of the planning window area (Hillsdale Canyon-Ahlstrom Hollow) 

identified in the DNF LRMP (1986). 

• While it crosses the Red Canyon South unroaded /undeveloped area, no roads would be built 

to construct the line. This portion of the line would be limited access and would require 

construction using horses, mules, or helicopters. This would reduce the undeveloped 

character of the area but the remaining unroaded /undeveloped area would still be large 

enough to consider for management of unroaded and undeveloped values (DEIS page 4-126, 

Section 4.11). 

Segment C-3 south of Hillsdale Canyon private property was selected as part of the Preferred 

Alternative because it 

• Impacts fewer acres of private land and DNF land than Segment A-3.

• Is shorter and has impacts to fewer acres than Segment A-3.

Other issues: 

• Alternative B through Bryce Canyon involved the building of an additional substation on the 

Paunsaugunt Plateau and the decommissioning of the existing Bryce Canyon substation, 

resulting in the rerouting and construction of three new circuits of distribution lines of 

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 Tropic to Hatch 138 kV Transmission Line 
 

approximately three miles each and the establishment of accompanying 50-foot rights-of-way 

(DEIS page 2-33, Section 2.5). 

• The Preferred Alternative is consistent with the BLM's multiple use mandate. 

• The Preferred Alternative provides a practicable alternative to those alternatives that would 

disturb Bryce Canyon National Park (BRCA) resources and thereby be inconsistent with the 

mission of the NPS. 

• Visual impacts were considered in respect to the State Route 12 Scenic Byway (All American 

Road), and all agency visual resource objectives (DEIS Section 4.13). 

• The Preferred Alternative allows the removal of the 69 kV line through scenic Red Canyon 

on the DNF, which is managed for High scenic integrity. The existing line and poles 

dominate foreground views along the Golden Wall Trail within this area (DEIS page 3-135, 

Section 3.13.2) and removal would resolve this issue. 

• More than 10 miles of the 69 kV line would be removed through both sage-grouse and UPD 

habitat on public lands managed by the BLM and USFS. 

DECISION 

This decision affects only those lands in the Project Area administered by the DNF. Each cooperating 

agency will issue a separate decision on whether to grant a right-of-way permit for lands under their 

jurisdiction based on the analyses contained in the EIS. However, I considered effects to public lands 

managed by the USFS, as well as those managed by agencies other than the USFS in making my 

decision. I have reviewed the analysis presented in the DEIS, the information contained in the FEIS, 

and considered the comments received on the DEIS. I have decided to issue a special use 

authorization to Garkane Energy for a 100-foot wide easement on 13.2 miles of DNF-managed public 

lands to construct, operate, and maintain a 138 kV transmission line following Alternative E – the 

Preferred Alternative route, as shown in Figure 1. Alternative E is now referred to as the Selected 

Alternative. 

I have also decided to authorize a Special Use Permit to Garkane Energy to widen and stabilize 3.5 

miles of the existing administrative access routes in Cedar Fork Canyon. These routes will be added 

to the inventory of Forest System roads designated as Maintenance Level 1, which by definition 

would not be open for public use and will be gated. These roads were built in 1964 for the 

construction and maintenance the 230 kV Rocky Mountain Power/PacifiCorp transmission line. They 

will continue in use for this purpose and will also serve for the construction and maintenance of the 

Tropic to Hatch transmission line. Maintenance of the routes will be covered under the permit issued 

to Garkane and will be the responsibility of Garkane and Rocky Mountain Power/PacifiCorp. USFS 

permit holders and agency officials are allowed motorized access to permitted facilities via routes or 

areas that may be closed to public for official business only. Impacts of widening of these routes are 

analyzed in the EIS. 

Portions of the DNF where the right-of-way is approved are: 

Cedar Fork Canyon (Escalante Ranger District, DNF)

• The proposed alignment enters DNF in the Escalante Ranger District Cedar Fork Canyon area 

in T36S R2W, SW quarter of Section 7. It continues for 1 mile north-northwest into T36S 

R3W Section 12. 

• In Section 12 (T36S R3W) a 0.83-mile limited access segment continues west, and then turns 

NNW. At the corner of Section 11 (T36S R3W) limited access ends and the alignment 

continues 1.5 miles through Section 2 (T36S R 3W) in a NNW direction before taking a turn 

Record of Decision Page 3 

Tropic to Hatch 138 kV Transmission Line
due West in the NW quarter. Here the proposed power line leaves DNF, continuing through 

SITLA lands, and private land in the Ruby's Inn area and around BRCA. 

North of Blue-Fly Canyon, just west of BRCA

• The alignment then re-enters DNF in T36S R4W in the NW quarter of Section 13, continuing 

west through Sections 14 and 15 (2.13 miles) where it crosses another small section of private 

land (an inholding) before re-entering DNF in Section 16, and continuing mainly west 

through Sections 17 and 18 (R36S R4W) and Section 13 of T36S R 4 1/2W for 

approximately 4.1 miles. 

Hillsdale Canyon

• In the northwest corner of Section 14 of T36S R 4 1/2W, the alignment turns SSW into 

Section 15 (T36S R 4 1/2W) for 1.6 miles, including 0.7 miles of limited access. In the 

center of Section 15 (T36S R 4 1/2W) it turns NNW for 0.5 mile before heading west as it 

enters Section 16 (T36S R 4 1/2W). At that point, there is another limited access section of 

0.6 miles, then another mile of right-of-way before exiting DNF in Section 17 (T36S R 4 1/2 

W) and entering BLM land (KFO). 

DNF worked with the cooperating agencies and the project proponent to compile a list of best 

management practices and mitigation measures to assure that impacts to sensitive resources are 

avoided where possible or otherwise minimized (DEIS Section 2.3.6 and Appendix A). The Resource 

Protection Measures and Construction and Operation Standards (DEIS Section 2.3.2) will be 

implemented as a result of this decision. 

MITIGATION 

Preliminary analysis indicated the presence of UPD, listed as threatened under the Endangered 

Species Act, and presence of critical habitat for the Mexican spotted owl. Contact with the U.S. Fish 

and Wildlife Service (USFWS) for the project began in May 2008. Surveys for the Mexican spotted 

owl were conducted in 2008 and 2009 for this analysis. In November 2010, the USFS submitted the 

biological assessment (BA); an addendum to the BA was submitted on December 16, 2010 for the 

Preferred Alternative (now known as the Selected Alternative). Based on the outcome of the two 

years of Mexican spotted owl surveys and the applicant committed measures the USFWS agreed with 

the may affect, not likely to adversely affect determination for Mexican spotted owl and their 

designated critical habitat within the action area. 

UPD surveys have been conducted in the project area on an annual basis. The proposed project will 

permanently disturb 0.031 acre of potential UPD habitat. Due to the small size of this disturbance the 

USFWS concluded that the effects will not diminish the prairie dogs’ ability to utilize or disperse 

across the action area. The BA concluded that the Preferred Alternative may affect, likely to adversely 

affect the UPD. The USFWS concurred with this determination and has identified terms and 

conditions that must be followed. 

The USFWS has concluded formal consultation by providing the DNF a Biological Opinion (BO) 

with terms and conditions and an incidental take statement for the project (Appendix 1). Mitigation 

measures identified by the USFWS are non-discretionary and are listed as Applicant Committed 

Mitigation Measures in the BO (Appendix 2). The DNF will comply with these measures, and 

reporting requirements as outlined in the BO. The USFWS BO is available in the project record. The 

BO applies only to the Preferred (Selected) Alternative. Had the responsible official decided to select 

another alternative the DNF would have been required to reinitiate formal consultation with the 

USFWS, as provided for in 50 CFR 402.16.

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RATIONALE FOR THE DECISION 

I have selected Alternative E because it attains the project’s purpose and need while still being 

sensitive to other resource concerns within the Project Area, and the missions and management 

objectives of the various land management agencies responsible for the public lands that would be 

crossed by the Selected Alternative. Often it was a combination of several issues that led us to the 

decision to select the preferred route. We considered the DNF’s LRMP standards and guidelines for 

the project area, and took into account competing interests and values of the public. The Preferred 

Alternative will be modified as per the BO to avoid placing lay-down areas and splicing sites within 

the occupied UPD habitat shown as Colony 10 and 19. 

Meeting the Purpose and Need 

The need is for the USFS to respond to a special use permit application from Garkane to increase the 

electrical transmission capacity to 138 kV between the communities of Tropic and Hatch. Existing 

Garkane transmission lines that serve the communities of Hatch, Bryce Canyon City, and Cedar 

Mountain are inadequate. Without additional power to the area, black outs and brown outs will 

continue to increase causing personal hardship and safety concerns for residents. Garkane has denied 

new service to large industrial proposals. Currently, during peak use periods, Garkane must augment 

the power supply by running diesel generators for about two months each year. Nearly 10,500 

gallons of diesel fuel are burned in a single week. The Selected Alternative meets the purpose and 

need by providing a route to construct, operate, and maintain a 138kV transmission line that will 

increase the electrical transmission capacity. Construction of the new line is expected to eliminate the 

routine use of backup diesel generators; reduce the need for maintenance and repairs, thus improving 

reliability of the system; and be a cost-effective means to convey sufficient electricity to meet the 

growing needs of Hatch and the surrounding area for the next 30 to 50 years. 

Consideration of the Issues 

A list of issues, concerns, and opportunities was compiled to better inform the development of the 

DEIS. The list of issues was developed using comments received during the public scoping period, 

internal scoping comments from agency officials resulting from the alternatives development 

workshop, and additional input from agency resource specialists. The complete list of issues, 

concerns, and opportunities is contained in Section 1.8 of the DEIS. Five planning issues proved to be 

pivotal to project development and the decision for the Selected Alternative. The issue statement for 

each resource is provided in italics under each resource heading below, and followed by a description 

of how the Selected Alternative addresses the resource issues. 

Land Use 

Presence of a transmission line as well as construction activities could impact current and future 

land use activities. 

The authorization of a transmission line right-of-way under Alternative E, the Selected Alternative, 

conforms to DNF land use management policies. The Selected Alternative incorporates Segment C-1 

and a portion of Segment A-3, both of which were designed to take advantage of two planning 

window areas identified in the DNF LRMP (1986). 

The Selected Alternative would not conflict with the KFO Resource Management Plan (RMP; BLM 

2008; DEIS page 4-117, Section 4.10.2.2). 

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Tropic to Hatch 138 kV Transmission Line
The Agency Selected Alternative places the proposed transmission line in an area designated within 

the GSENM as Primitive Zone. The GSENM Management Plan decision Land-7 states: “In the 

Primitive Zone, utility rights-of-way will not be permitted. In cases of extreme need for local (not 

regional) needs and where other alternatives are not available, a plan amendment could be considered 

for these facilities in the Primitive Zone.” The proposed 138 kV transmission line is being considered 

to meet the current and future electrical needs for the Hatch area, which would be a local, not regional 

need; meeting the intent of Plan decision Land-7 (DEIS page 4-116, Section 4.10.2.2. 

The only other alternative available that would not cross the Primitive Zone would be Alternative B, 

which would place the 138 kV transmission line in BRCA. Alternative B would be inconsistent with 

NPS Management Polices (2006), which state that a right-of-way for a utility will only be issued if 

“there is no practicable alternative to such use of NPS lands”, and would result in long-term major 

and unacceptable impact to Park resources (DEIS page 4-117, Section 4.10.2.3). In addition 

Alternative B would require the rerouting of as many as 3 miles of distribution lines (DEIS page 2-33, 

Section 2.5). 

Alternative E was selected by decision–makers from each agency to best meet the needs for increased 

electrical capacity of the local area while considering the natural resources and the missions and 

management objectives of the various land management agencies responsible for the public lands that 

would be crossed. 

Threatened, Endangered, and Sensitive Species 

Transmission line construction activities could impact threatened, endangered, and sensitive plant 

and animal species and their habitat. 

Resource studies, and field investigations for each Action Alternative route were conducted, are 

available in the project record, and are summarized in the DEIS. Protocol surveys consistent with 

Utah Division of Wildlife Resources (UDWR) and USFWS guidelines for Mexican spotted owls, 

UPD and greater sage-grouse were initiated in 2008. Impacts to special status plant and animal 

species and habitat were analyzed in the DEIS. Potential impacts, particularly impacts to greater sagegrouse and UPD, helped drive the decision for the Selected Alternative. 

Greater Sage-Grouse. The Selected Alternative, Alternative E, incorporates those portions of the 

Alternative C alignment that were designed to avoid or reduce impacts to sage-grouse and their 

habitat including strutting grounds (leks). The Selected Alternative is within 0.45-mile of a known 

lek. Resource protection measures specific to sage-grouse include requiring perch deterrents on all 

poles within sage-grouse habitat and restrict construction activity between 8 pm and 9 am within 2 

miles of active sage-grouse leks between February 1 and June 15 (UDWR 2010). The Selected 

Alternative allows for removal of approximately 16 miles of existing 69 kV transmission line poles 

and rehabilitation of approximately 49 acres of right-of-way, of which approximately 38 acres is 

sage-grouse brooding habitat on USFS and BLM-administered lands; this rehabilitation will have a 

long-term beneficial impact to sage-grouse. 

Utah Prairie Dog. The Selected Alternative, Alternative E, incorporates those portions of the 

Alternative C alignment that were designed to avoid or reduce impacts to UPD and their habitat.

Although this area does traverse UPD habitat, the route was selected because it is predominately 

along the edge of the plateau and closer to the forested areas; these areas are lower quality UPD 

habitat due to the presence of trees and raptor perches available along the tree line. The Selected 

Alternative impacts slightly fewer acres of UPD colonies than Alternative B and approximately the 

same acres of colonies as Alternative C. Further reductions to impacts within UPD habitat will occur 

as a result of modifying the proposed project to avoid two lay-down yards and splicing areas along 

the route. Removal of these two areas from use will reduce impacts to 3.1 acres of occupied habitat. 

The Selected Alternative allows for removal of the existing 69 kV transmission line and rehabilitation 

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Tropic to Hatch 138 kV Transmission Line 
 

of the right-of-way through UPD on USFS and BLM-administered lands, which will have a long-term 

beneficial impact to UPD. The existing 69 kV line would be removed from at least 4 active UPD 

colonies and up to 7 additional, inactive or abandoned colonies (USFS 2010). Removal of the poles 

and restoration of the 50-foot right-of-way would reduce area predation and impacts to 26.3 acres of 

potential UPD habitat. 

Wildlife 

Transmission line construction activities could impact wildlife habitat, including crucial big game 

habitat. 

Impacts to wildlife species including big game and their habitat were analyzed in Section 4.7 of the 

DEIS and in Table 2.10-7 of the FEIS. Potential impacts to the following species and habitat helped 

drive the decision for the Selected Alternative. The Selected Alternative: 

• Impacts the fewest number of acres of mule deer habitat of all Action Alternatives. 

• Impacts fewer acres of Rocky Mountain elk, elk calving, and migratory bird cliff/canyon 

habitat than Alternatives A or C. 

• Impacts fewer acres of pronghorn habitat than Alternative B and the same acreage as 

Alternatives A or C. 

Distinctive Land Areas 

Presence of a transmission line as well as construction activities could impact the values associated 

with areas of special designation. 

Distinctive land areas described in the EIS include USFS Inventoried Roadless Areas (IRAs) and 

unroaded/undeveloped (areas of wilderness potential); the GSENM Primitive Zone; BLM Wilderness 

Study Areas, and non-wilderness study area lands with wilderness characteristics, and natural areas; 

and NPS recommended wilderness areas. 

Alternative E, the Selected Alternative, crosses and impacts the same distinctive land areas (IRAs and 

GSENM Primitive Zone) as do Alternatives A and C, namely Henderson Canyon-Table Cliffs IRA 

and the Shakespear Point IRA. The Selected Alternative route was developed to parallel an existing 

Rocky Mountain Power/PacifiCorp 230 kV transmission line and to utilize the access routes already 

disturbed within the Henderson Canyon-Table Cliffs IRA. The 4,400-foot long section of the 

transmission line that crosses through the Shakespear Point IRA has been designed to reduce impacts 

to the extent possible. The line was routed so as to avoid ridge tops and to use terrain to reduce visual 

impacts. The line will be built with non-specular conductors to further mitigate visual impacts. The 

DEIS identified this as a limited access area where ground vehicles for material transportation and 

construction activities would not be used. Construction of the transmission line will not require 

construction of any roads in these areas. Where the proposed transmission line does deviate from 

paralleling the existing 230 kV line in Shakespear Point IRA Garkane will not build any roads; these 

limited access areas will be accessed by helicopter, horseback or foot. Although this project is 

introducing additional man-made features to this area it does not appreciably alter the environment 

from the already existing conditions resulting from the presence of the 230 kV line (DEIS page 4-124, 

Section 4.11.2.2). The undeveloped character of the Shakespear Point IRA would be reduced by 11.3 

acres. 

The Selected Alternative also traverses the Red Canyon South unroaded/undeveloped area. This 

portion of the Selective Alternative was selected because it falls within the Hillsdale CanyonAhlstrom Hollow LRMP utility planning window area. The line will separate 4.3 percent of the Red 

Canyon South area from the larger Red Canyon South unroaded undeveloped area. T larger portion 

Record of Decision Page 9 

Tropic to Hatch 138 kV Transmission Line
(5,358 acres) of the Red Canyon South unroaded /undeveloped area will still be large enough to 

consider for management of unroaded and undeveloped values (DEIS page 4-126, Section 4.11.2.2). 

Visual Resources 

Presence of a transmission line as well as construction activities could impact visual resources 

throughout the project area. 

In development of the Action Alternatives and the Selected Alternative visual impacts were 

considered across all agencies in respect to existing landscapes as well as State Route (SR) 12 Scenic 

Byway and All American Road, and U.S. 89 Scenic Byway. All Action Alternatives were designed so 

as to avoid locating structures and poles on ridgelines, summits, or other prominent locations, and to 

use topography as a backdrop to avoid sky-lining. The Selected Alternative would use non-specular 

conductor in all DNF High Scenic Integrity Objective (SIO) areas, Class II Visual Resources 

Management (VRM) areas, and all areas within the GSENM (DEIS page 2-23, Section 2.3.6.6). The 

Selected Alternative would allow for removal of the existing 69 kV transmission line through the 

High SIO area of Red Canyon on the DNF. Although Alternative B would avoid the High SIO areas 

through Cedar Fork Canyon on the DNF it would place a larger and more visible transmission line 

through BRCA, and require the building of an additional substation on the Paunsaugunt Plateau 

within the DNF. Alternative B would also require the construction of taller more visible poles and 

lines in the highly scenic and heavily visited Red Canyon area of the DNF. 

Consideration of Other Resource Areas 

The agencies considered effects to other resource areas in the process of preparing the Preferred 

Alternative and identifying the consequences of the alternatives in the DEIS. In addition to the above 

listed resources, the team considered the effect of each of the alternatives on paleontological 

resources, soils, water, vegetation, forest products, rangeland resources, recreation, cultural resources, 

visual resources, socioeconomics, and transportation. All practical means to avoid or minimize 

environmental harm for the Selected Alternative have been adopted (see DEIS Section 2.3.6 and 

Appendix A). I believe that all potential effects have been disclosed and that the LRMP standards and 

guidelines will be met. 

Consideration of Public Comments and Concerns 

During and following the 90-day public review period, 19 letters were received from individuals, 

organizations, and agencies. These comments were organized into 88 comments and requests for 

information. Of these 88 comments, 20 resulted in text changes to the document. Agency responses 

to, and text changes resulting from, these comments are contained in Appendix 1 of the FEIS. All text 

changes made in the FEIS are contained in Section 3, Errata. While some expansion of discussions 

and addition of information to the DEIS was determined to be warranted, public and agency 

comments did not substantially modify any of the alternatives or the environmental analysis in the 

DEIS. Because the changes to the final document in response to DEIS comments were minor, in 

accordance with the Council on Environmental Quality regulations implementing the National 

Environmental Policy Act (40 CFR Parts 1500-1508), the USFS and cooperating agencies wrote the 

changes on errata sheets and attached them to the DEIS in the form of an abbreviated FEIS. 

Page 10 Record of Decision 

Tropic to Hatch 138 kV Transmission Line 
 

Authority 

U.S. Forest Service 

The authority under which the USFS will issue special use authorizations for the transmission line 

and access roads addressed in the EIS is Title V of the Federal Land Policy Management Act 

(FLPMA) of October 2, 1976 (43 U.S.C. 1761-1771). 

Bureau of Land Management 

The Federal Lands Policy and Management Act, the basic authority for the BLM’s activities, provides 

the BLM with authority to grant rights-of-way and designate utility corridors on public land. 

Additionally, the Energy Policy Act of 2005 encourages the use of public land for energy-related 

facilities; in this case, an electrical transmission line and substation facilities. The BLM’s action is to 

decide (1) whether or not to grant the right-of-way requested by Garkane Power, and (2) whether or 

not to designate a Passage Zone through the Primitive Area in GSENM. The BLM is issuing a 

separate ROD documenting its decisions. 

National Park Service 

A right-of-way for a utility or road may be issued “only pursuant to specific statutory authority, and 

generally only if there is no practicable alternative to such use of NPS lands” (NPS 2006). 

Specifically, utility rights-of-way over lands administered by the NPS are governed by the statutory 

authorities in 16 USC 5 (electrical power transmission and distribution, radio and TV, and other 

forms of communication facilities) and 16 USC 79 (electrical power, telephone, and water conduits) 

(NPS 2006). The NPS may issue a right-of-way under 16 USC 5 or 79 if it finds that the proposed 

plan “will not cause unacceptable impacts on park resources, values or purposes” (NPS 2006). 

Changes between Draft and Final EIS 

Text changes made to the DEIS as a result of comments received are contained in Appendix 1 in the 

FEIS. These changes were primarily minor technical edits, or were non-substantive factual 

corrections, and updates. As discussed under "Consideration of Public Comments and Concerns" 

above, some discussions in the DEIS were expanded and clarifying information was added to the 

DEIS in response to public comments. However, public and agency comments did not substantially 

modify any of the alternatives or the environmental analysis in the DEIS. The updated information 

disclosed in the FEIS falls within the scope of the analysis depicted in the DEIS, and in most cases 

simply provides additional explanation. 

CONSULTATION 

Tribal Consultation 

In compliance with the National Historic Preservation Act of 1966 and Executive Orders 12875 

(Enhancing Intergovernmental Partnership), 13007 (Indian Sacred Sites), 13084 (Consultation and 

Coordination with Indian Tribal Governments), the DNF identified tribes associated with the Project 

Area and initiated government-to-government consultation. These Native American Indian groups 

included the Ute Indian Tribe, Paiute Indian Tribe of Utah, Navajo Nation, the Hopi Tribal Council, 

the Kaibab Band of Paiute Indians, and the Pueblo of Zuni. 

Record of Decision Page 11 

Tropic to Hatch 138 kV Transmission Line
The GSENM presented the project proposal during the June 2007 consultation meetings. Early 

consultation letters were sent to the tribes June 9, 2009, and follow-up contacts were made with each 

tribe. 

National Historic Preservation Act Section 106 Consultation 

Section 106 of the National Historic Preservation Act of 1966 requires federal agencies to take into 

account the effects of their undertakings on historic properties. Historic properties are properties that 

are included in the National Register of Historic Places or that meet the criteria for the National 

Register. A Cultural Report was submitted to the State Historic Preservation Officer for consultation 

and concurrence. The Utah State Historic Preservation Officer concurred with the determination of 

eligibility and effects for this project on March 25, 2009. 

Section 7 Consultation with USFWS 

Informal consultation with USFWS began on May 5, 2008 during the alternative development phase. 

During this development phase it was determined that the USFS would be the lead agency with 

regards to consultation. Requirements for UPD and Mexican spotted owl surveys were discussed 

along with design criteria for access roads within UDP habitat. Surveys for both species were 

initiated in spring and summer of 2009. 

On November 10, 2010 the final BA was submitted to USFWS with an addendum to the final filed on 

December 16, 2010. On February 2, 2011 the USFWS issued a BO that included terms and condition 

and an incidental take statement. The terms and conditions identified in the BO are incorporated into 

the decision and will be fully implemented. 

PUBLIC INVOLVEMENT 

The public was provided a scoping period at the beginning of the EIS process to identify potential 

issues and concerns associated with the Proposed Action and alternatives. The Notice of Intent for 

this EIS was published in the Federal Register on February 21, 2008. A copy of this Notice of Intent 

is included in the Scoping Report dated May 6, 2008. Two public scoping meetings were held in the 

spring of 2008, one in Panguitch and one in Cannonville. Public scoping meetings were advertised in 

a variety of formats at least two weeks prior to their scheduled dates. A notice was published in The 

Spectrum newspaper, and notices and flyers were posted in communities in the vicinity of the Project 

Area. 

The DEIS was filed with the Environmental Protection Agency (EPA) December 11, 2009. The 

comment period for the DEIS was from December 11, 2009 through March 12, 2010. A Notice of 

Availability was published in the Federal Register specifying the dates for the comment period and 

the date, time, and location of the public comment meetings. In addition, a legal notice was published 

in The Spectrum newspaper. Interested parties identified in the updated EIS mailing list were notified 

of the publication of the DEIS. Hard copies were provided to those who requested them and 

electronic copies were made available via CD and the Internet. 

ALTERNATIVES 

Alternatives Considered in Detail 

The DEIS presented three Action Alternatives and the No Action in addition to the Preferred 

Alternative (now the Selected Alternative). 

Page 12 Record of Decision 

Tropic to Hatch 138 kV Transmission Line 
 

• The proponent’s original Proposed Action, Alternative A, was presented in the Notice of 

Intent to Prepare an EIS (73 FR 9517-9521) and was subsequently modified to adhere to 

Federal Aviation Administration (FAA) safety regulations where the transmission line would 

be in proximity to the Bryce Canyon Airport, and to avoid sage-grouse leks and brood rearing 

habitat. Alternative A, the Proposed Action, would involve the construction of a 138 kV 

transmission line from a proposed East Valley Substation east of Tropic to the Hatch 

Substation along a 30.41 mile route. It includes development of a new substation and 

expansion of the Hatch Substation to serve existing and anticipated future electrical loads in 

the region. The route adjoins an existing transmission line through the GSENM and Cedar 

Fork Canyon (DNF); turns west to cross John’s Valley; passes north of the Bryce Canyon 

Airport; crosses SR 12 and Johnson Bench; and passes south of Wilson Peak. From there it 

goes down Hillsdale Canyon, crosses the Sunset Cliffs, and west across U.S. 89 to Hatch 

Substation. 

Upon completion of the 138 kV line the portion of the existing 69 kV line between the 

current Bryce Canyon Substation and the Hatch Mountain Substation would be removed 

(approximately 16.23 miles) and that portion of the right-of-way (including existing 

centerline access) would be rehabilitated. 

Implementation of Alternative A would also require the amendment of the GSENM 

Management Plan (2000) by changing the designation of a 100-foot wide 3.68-mile stretch 

(44.58 acres) of the Primitive Zone to Passage Zone, and within this area, changing the 

existing VRM Management Class designation from Class II to Class III. 

• Alternative B parallels the existing 69 kV transmission line, and would separate the proposed 

100-foot right-of-way from the existing 69 kV transmission line by enough distance to safely 

construct and energize the new transmission line. Alternative B was developed as an effort to 

keep disturbances in the same area where the line was originally built. This alternative would 

also require the construction of an additional substation near Bryce Canyon City. Upon 

completion of the proposed 138 kV line, the entire existing 69 kV line from approximately 1 

mile east of the existing Tropic Substation to the Hatch Mountain Substation would be 

removed (approximately 21.57 miles) and the right-of-way (including existing centerline 

access) would be rehabilitated. Amendment of the GSENM Management Plan would not be 

required under Alternative B. In addition, under Alternative B approximately 9 miles of 

distribution lines would need to be constructed primarily on private and SITLA lands in 50-

foot rights-of-way in conjunction with the new substations. 

• Alternative C was developed by the multi-agency interdisciplinary team in an attempt to cross 

the Paunsaugunt Plateau while avoiding or minimizing potential impacts to the Greater sagegrouse and UPD as well as considering visual, soils, water, archeological and other resources. 

Alternative C, the Cedar Fork Southern Route Alternative, would also require the amendment 

of the GSENM Management Plan (2000) by changing the designation of a 300-foot wide 

3.68-mile long stretch (133.81 acres) of the Primitive Zone to Passage Zone to accommodate 

both the proposed right-of-way and the existing 230 kV Rocky Mountain Power/PacifiCorp 

transmission line,; and within this area, changing the existing Visual Resource Management 

Class designation from Class II to Class III. 

As with Alternative A, upon completion of the proposed 138 kV line the portion of the 

existing 69 kV line between the current Bryce Canyon Substation and the Hatch Mountain 

Substation would be removed (approximately 16.23 miles) and that portion of the right-ofway (including existing centerline access) would be rehabilitated. 

Record of Decision Page 13 

Tropic to Hatch 138 kV Transmission Line
• Two interconnect options are presented in the DEIS, the North-South Interconnect and the 

East-West Interconnect, either of which would essentially allow the eastern segments of 

Alternative A to be coupled with the western segments of Alternative C, and vice versa. 

• Alternative D, the No Action Alternative, involves the continued operation of the existing 69 

kV transmission line into the foreseeable future. The 138 kV transmission line would not be 

constructed. Without the ability to increase capacity, Garkane would need to conduct major 

maintenance activities, overhauling the line within its existing right-of-way and permit 

conditions. Existing diesel-fueled generators would be used to compensate for capacity 

shortfalls into the future. Under Alternative D the GSENM Management Plan would not be 

amended. 

Alternatives Considered but not Given Detailed Study 

Six alternatives were considered for analysis but eliminated in their entirety from further 

consideration. These alternatives, and the reasons that each was eliminated from further 

consideration, are as follows: 

• The Northern Circleville Alternative would parallel the existing Rocky Mountain 

Power/PacifiCorp electrical grid east of Tropic northward to Antimony. There it would 

traverse the north end of the DNF paralleling SR 62 west to Kingston and then turn south and 

parallel U.S. 89 through Panguitch and then to Hatch. This alternative increases total surface 

disturbance and has the potential for equal or greater impacts to threatened and endangered 

species and scenic quality than the proposed route. Though technically possible, the cost and 

location outside of Garkane’s service area reduces project feasibility as it would increase the 

time required to meet customer demand. For these reasons, this alternative was eliminated 

from further analysis. 

• The Southern Kanab Alternative would originate at the Buckskin Substation east of Kanab. 

From the substation the line would travel west, paralleling U.S. 89 to Kanab. There the line 

would turn north, paralleling U.S. 89 to Hatch. This alternative would not meet the purpose 

and need, as it would not extend the available energy supply at Tropic to Hatch and the 

surrounding area. Further, this alternative would not reduce or resolve resource conflicts, and 

in fact has the potential for impacts to an additional threatened, endangered, and sensitive 

species (southwestern willow flycatcher), and equal or greater impacts to other threatened, 

endangered, and sensitive species (sage-grouse and UPD), and to scenic quality. For these 

reasons and because of its limited feasibility, this alternative was eliminated from further 

analysis. 

• The Buried Line Alternative would have involved burying all or a significant portion of the 

138 kV transmission line from Tropic to Hatch. Burying the transmission line would require 

more extensive surface disturbance than construction of an above ground transmission line. 

The scar of the ground disturbance would have been visible for decades. The increased 

disturbance to the geologic unit could increase the likelihood of impacts to paleontological 

resources, thus potentially conflicting with the proclamation that established the GSENM, 

which specifically requires the protection of paleontological resources. In addition, this 

alternative would not meet the purpose and need of the project, as it would not meet the 

needed service life. Nor does a buried line meet the purpose and need of this project to 

improve the reliability of the electrical system in a cost effective manner. Further, this 

alternative is not technologically feasible for the needed length of service during outages or 

maintenance, or in this terrain. For all of these reasons, this alternative was eliminated from 

further analysis. 

Page 14 Record of Decision 

Tropic to Hatch 138 kV Transmission Line 
 

• The citizen-proposed segment alternative north of Sunset Cliffs originated from public 

scoping as a way to avoid crossing private property. The segment diverges from the proposed 

alignment at the mouth of Wilson Canyon, traverses DNF-administered land to the east and 

north of the private property, and rejoins the proposed alignment just to the east of U.S. 89. 

Another citizen proposed alternative was considered and is analyzed as a part of Alternative 

C. The proposed northern segment would increase impacts to resources as compared with an 

equally viable alternative (southern segment) that accomplishes the same objective of 

avoiding private property. Therefore, this alternative was eliminated from further analysis. 

• Constructing the 138 kV transmission line while retaining the existing 69 kV transmission 

line was considered as an alternative. Should the existing 69 kV transmission line be retained, 

it would require ongoing maintenance to keep it operational. The National Electrical Safety 

Code requires that all lines be maintained at a level equal to or exceeding the code 

requirements at the time of construction or reconstruction. As described under the No Action 

Alternative, the existing 69 kV transmission line would require overhaul in order to remain 

operational. Retention of the existing 69 kV transmission line was considered in order to 

provide an alternate transmission line in case of outage. Based on outage records for the past 

2 years, consumers served by the existing 69 kV transmission line would have experienced no 

less outage time had an alternate transmission route been available. Therefore the cost of 

maintenance of the existing 69 kV transmission line would not improve reliability of the 

electrical system. 

Retention of the existing 69 kV transmission line was also considered to provide transmission 

capacity in addition to the proposed 138 kV transmission line. Existing infrastructure 

transmitting electricity from Glen Canyon Dam to Tropic provides a maximum of 138 kV 

service. In order for the existing 69 kV transmission line to provide additional electrical 

service, the existing infrastructure would have to be upgraded to 230 kV service at a 

maximum cost of $5 million. This would in addition to the cost of the new transmission line 

and the cost of overhauling the existing 69 kV transmission line. This would not be 

economically viable (Garkane 2009). For these reasons, alternatives that retained the existing 

69 kV transmission line were eliminated from further analysis. 

• An alternative was considered that would have combined the existing Rocky Mountain 

Power/PacifiCorp 230 kV transmission line facilities with the proposed Garkane 138 kV 

transmission line into one single transmission line for approximately 3.68 miles through the 

GSENM and 3.04 miles through Table Cliffs-Henderson Canyon IRA and Shakespear Point 

IRA. For multiple reasons this option was considered impractical and was not carried forward 

for detailed analysis. The existing 70-foot tall wooden pole structures used in the Rocky 

Mountain Power/ PacifiCorp transmission line would need to be replaced with steel 

monopole structures 125 to 150 feet in height which would be over twice as tall as the 

proposed 55-foot tall wooden pole structures. The single steel pole structures would likely 

cause a greater visual intrusion to the existing landscape. This alternative would also likely 

cause greater short-term disturbances since large concrete foundations would need to be 

installed to support the larger steel pole structures and heavy equipment would be needed to 

excavate much greater amounts of soil for these foundations. This alternative would likely 

disrupt electrical service to Utah customers. Even though a combined transmission line could 

be constructed parallel to the existing transmission line, it would be necessary to temporarily 

take the existing line out of service as the electricity is “swapped” to the new line at 

appropriate intersections. This would involve turning off a critical element of the electric 

system that connects Utah to Arizona, and would require an additional 100-foot right-of-way, 

which would not reduce or resolve resource conflicts. For these reasons, this alternative was 

eliminated from detailed analysis. 

Record of Decision Page 15 

Tropic to Hatch 138 kV Transmission Line
CONSISTENCY WITH PLANNING DOCUMENTS AND 

OTHER LAWS 

Dixie National Forest Land and Resource Management Plan 

I have evaluated the Selected Alternative against the DNF LRMP goals, objectives, standards, and 

guidelines. As documented in the DEIS and the project record, the Selected Alternative conforms to 

DNF land use management policies. For further information, please see the DEIS, Section 4.10.2.1. 

National Forest System Land and Resource Management Planning 

Rule 

As required by the National Forest System Land and Resource Management Planning Rule, this 

decision is based on review of the record. The record includes a thorough review of relevant, best 

available scientific information, consideration of responsible opposing views, and the 

acknowledgement of incomplete or unavailable information. 

Grand Staircase-Escalante National Monument Management Plan 

The EIS considered whether the project would be consistent with the GSENM Management Plan. 

With amendment of the GSENM Management Plan the Selected Alternative will conform to the plan. 

For further information, see the DEIS, Section 4.10.2.2. 

BLM – Kanab Resource Management Plan 

Issuance of a right-of-way for the Selected Alternative will not conflict with the KFO RMP (BLM 

2008). For further information, please see the DEIS, Section 4.10.2.2. 

Bryce Canyon National Park General Management Plan 

The Selected Alternative does not enter BRCA, so there are no impacts to existing land uses within 

the park. The existing 69 kV that runs through the park will not be removed under the Selected 

Alternative. Therefore, the direct disturbance associated with the existing transmission line related 

uses will continue to be identical to existing conditions. 

Other Laws 

• Presidential Proclamation 6920. The GSENM was established by Presidential Proclamation 

6920 on September 18, 1996 (americantrails.org 2010). The Proclamation states that the 

GSENM was established for the purpose of protecting specified resources referred to as 

“objects,” including but not limited to archeology, history, paleontology, air, water; 

biological resources - including special status species, soils and biological soil crusts. The 

EIS included the analysis needed to address the objects of the GSENM. A review of the 

analysis of impacts of the Selected Action demonstrates that the Action will not hinder the 

purposes of the Proclamation. 

• Endangered Species Act. The DNF consulted with the USFWS by submitting a BA and 

addendum for the EIS. The USFWS concurred with the USFS findings (USFS 2010) and 

Page 16 Record of Decision 

Tropic to Hatch 138 kV Transmission Line 
 

provided a BO with terms and conditions and an incidental take statement. Major findings 

were as follows: 

o May affect, and is likely to adversely affect the UPD. The USFWS concluded 

through the BO process that “the action, as proposed, is not likely to jeopardize the 

continued existence of the Utah prairie dog.” No critical habitat has been designated 

for this species, therefore none will be impacted. 

o May affect, but not likely to adversely affect the Mexican spotted owl and their 

critical habitat within the Project Area. 

o If the responsible official decides to select an alternative other than the Preferred 

Alternative, the USFS will reinitiate formal consultation with the USFWS, as 

provided in 50 CFR 402.16, if: 1) the amount or extent of incidental take is exceeded; 

2) new information reveals effects of the agency action that may impact listed species 

in a manner or to an extent not considered in the opinion; 3) the agency action is 

subsequently modified in a manner that causes an effect to the listed species or 

critical habitat not considered in the opinion, or 4) a new species is listed or critical 

habitat is designated that may be affected by the action. In instances where the 

amount or extent of incidental take is exceeded or if the terms and conditions of this 

biological opinion are not fully implemented, any operations causing such take must 

cease immediately pending re-initiation. 

• Clean Water Act. The DEIS specifies best management practices related to water resources 

in Section 4.4.2.1 and Resource Protection Measures in Section 2.3.6. Perennial drainages, 

riparian and wetland areas would be spanned by the transmission line, minimizing impacts. 

Less than 0.10 acre of waters of the U.S. will be disturbed under the Selected Alternative; 

these impacts will qualify for permitting under Nationwide Permit No. 12 – Utilities. In 

general, impacts to water resources under the Selected Alternative will be negligible to minor. 

• Executive Order 11988. All Action Alternatives would result in no or negligible impacts to 

floodplain areas (DEIS Section 4.4.2). 

• Executive Order 11990. All Action Alternatives would result in no net decrease to wetlands 

and riparian areas (DEIS Section 4.4.2.1). 

• Executive Order 12898. In our outreach and scoping (public involvement) processes, we did 

not identify any potentially disproportionately high and adverse human-health or 

environmental effects to minority or low-income populations (DEIS Section 3.15.2.11). 

• Executive Order 13186. On August 1, 2007, the National Forests in Utah formalized a statewide strategy for addressing migratory birds in USFS planning and project documents. On 

September 23, 2008 a National Memorandum of Understanding between the USFS and the 

USFWS was entered into to promote the conservation of migratory birds. A total of 201 

species of migratory birds have breeding habitat on the DNF. The bird species analyzed in the 

DEIS were derived from a compilation of species included in the Utah Partners in Flight 

Conservation Strategy, the Utah Comprehensive Wildlife Conservation Strategy, and the 

USFWS’ Birds of Conservation Concern bird lists. The DEIS analysis regarding migratory 

birds is compliant with the terms of both memoranda (DEIS Section 3.7.2.1) and Executive 

Order 13186. 

• Executive Order 13443. The decision for the Selected Alternative was partially based on the 

minimization of impacts to big game and their habitat. See "Consideration of the Issues" 

above and DEIS Section 4.7. 

Record of Decision Page 17 

Tropic to Hatch 138 kV Transmission Line
• Roadless Area Conservation Rule. The Roadless Area Conservation Rule has been enjoined 

in Federal Court. However, USFS direction requires all decisions that involve road 

construction or reconstruction or timber cutting in Inventoried Roadless Areas (IRAs) to be 

reviewed by the Secretary of Agriculture prior to decision at the Forest level. The Decision 

Memorandum re-delegating the authority to the USFS to sign the ROD and implement the 

Tropic to Hatch (Garkane) Electrical Transmission Line Project was approved by the 

Secretary of Agriculture March 18, 2011. 

• Clean Air Act. Construction of the new 138 kV transmission line has the potential to create 

dust. Appendix D to the DEIS provides a dust management plan for the project. Replacement 

of the existing 69 kV transmission line with the new 138 kV transmission line will eliminate 

routine use of diesel generators to meet peak electrical demands, eliminating that emission 

source. 

• Safe Drinking Water Act. The FEIS (Appendix 1) provides text additions to DEIS Section 

4.4.2.2 regarding Drinking Water Source Protection Zones. Potential impacts to drinking 

water under all Action Alternatives was determined to be short-term and negligible. 

ENVIRONMENTALLY PREFERRED ALTERNATIVE 

NEPA regulations require agencies to specify the alternative or alternatives considered to be 

environmentally preferable [40 CFR 1505.2(b)]. The Selected Alternative is the Environmentally 

Preferred Alternative. According to USFS policy, the environmentally preferred alternative is the one 

that best meets the goals of Section 101 of NEPA. Section 101 emphasizes the protection of the 

environment for future generations; the preservation of historic, cultural, and natural resources; and 

attainment of the widest range of beneficial uses. The Selected Alternative does not cross BRCA, 

therefore avoiding potential impairment of park resources. The Selected Alternative is comprised of 

segments and portions of segments of Alternatives A and C, which were originally designed to avoid 

or minimize adverse impacts to wildlife, threatened and endangered species and their habitat, land 

use, and visual resources. For detailed explanations, see "Consideration of the Issues" above. 

ADMINISTRATIVE REVIEW 

This decision is subject to administrative appeal pursuant to 36 CFR 215. Only those individuals and 

organizations who provided comments during the 45-day comment period (or its extension) on the 

DEIS are eligible to file an appeal. The appeal must meet the requirements at 36 CFR 215.14. 

Appeals filed by regular mail or express delivery must be sent to: Appeal Deciding Officer, 

Intermountain Regional Office, 324 25th Street, Ogden, Utah 84401. Appeals may also be hand 

delivered to the above address between the hours of 8:00 a.m. and 4:30 p.m. Mountain Time, Monday 

through Friday, excluding holidays. Appeals may also be submitted via fax at 801-625-5277. 

Electronic appeals must be submitted in rich text format (.rtf), Microsoft Word (.doc or docx.), 

portable document format (.pdf), or as an email message to appeals-intermtn-regionaloffice@fs.fed.us. Emailed appeals must include the project name in the subject line. In cases where 

no identifiable name is attached to an electronic message, a verification of identity will be required. A 

scanned signature is one way to provide verification. 

Appeals, including attachments, must be filed within 45 days from the publication date of the legal 

notice of decision in The Spectrum, St. George, Utah. Documents received after the 45-day appeal 

period will not be considered. The publication date in The Spectrum, newspaper of record for the 

DNF, is the exclusive means for calculating the time to file an appeal. Those wishing to appeal this 

decision should not rely upon dates or timeframe information provided by any other source. 

Page 18 Record of Decision 

Tropic to Hatch 138 kV Transmission Line 
IMPLEMENTATION 

Implementation Date 

If no appeals arc filed within the 45-day time period, implementation of the decision may occur on. 

bul not before, five business days from the close of the appeal filing period. When appeals are filed. 

implementation may occur on, but Ilot before. the lSlh business day following the date of the last 

appeal disposition. 

CONTACT PERSON 

For funhcr infonnution. contact Susan Baughman, Minerals Administrator, Dixie National Forest, 

1789 Nonh Wedgewood Lane, Cedar City, Utah 84721, telephone: 435-865-3703, email: 

sbaughman@t:...fed,us. 

SIGNATURE AND DATE 

'-\ LJ.....:,--,-,-­


Robert G. MacWhorter Dale 

Forest Supervisor 

Dixie National Forest 

Record of Decision Page 19 

Tropic to Hatch 138 kV Transmissioo Line 
Page 20 Record of Decision 

Tropic to Hatch 138 kV Transmission Line 

REFERENCES 

americantrails.org. 2010. Federal Land Management, Presidential Proclamation establishing Grand 

Staircase-Escalante National Monument. http://www.americantrails.org/resources/fedland

/escalantenmproc.html. November 24, 2010. 

Bureau of Land Management (BLM). 2008. Kanab Field Office Record of Decision and Approved 

Resource Management Plan. 

Bureau of Land Management (BLM). 2000. Grand Staircase-Escalante National Monument 

Management Plan and Record of Decision. 

Garkane. 2009. White paper produced by Garkane Energy outlining rationale for not retaining the 

existing 69 kV transmission line in addition to construction of the proposed 138 kV 

transmission line. 

National Park Service (NPS). 2006. National Park Service Management Polices. 180 p. 

U.S. Forest Service (USFS). 2010. Biological Assessment for the Tropic to Hatch 138 kV 

Transmission Line. November 10, 2010. 

U.S. Forest Service (USFS). 1986. Land and Resource Management Plan for the Dixie National 

Forest. 

Utah Division of Wildlife Resources (UDWR). 2010. Comment letter on Tropic to Hatch 138 kV 

Transmission Line DEIS. 
Appendix 1: 

Incidental Take 
Incidental Take statement from the Biological Opinion dated February 2, 2011, for the 

Tropic to Hatch EIS.

INCIDENTAL TAKE

Section 9 of the Endangered Species Act and Federal regulations pursuant to section 4(d) of the 

Act prohibit the take of endangered and threatened species, respectively, without special 

exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or 

collect, or to attempt to engage in any such conduct. Harm is further defined by us to include 

significant habitat modification or degradation that results in death or injury to listed species by 

significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. 

Harass is defined by us as intentional or negligent actions that create the likelihood of injury to 

listed species to such an extent as to significantly disrupt normal behavior patterns which include, 

but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is 

incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Under the 

terms of Section 7(b)(4) and Section 7(0)(2), taking that is incidental to and not intended as part 

of the agency action is not considered to be prohibited taking under the Act provided that such 

taking is in compliance with the terms and conditions of this Incidental Take Statement. 

The measures described below are non-discretionary, and must be undertaken by USFS so that 

they become binding conditions of any grant or permit issued to the Project Proponent, as 

appropriate, for the exemption in Section 7(0)(2) to apply. We have a continuing duty to regulate 

the activity covered by this Incidental Take Statement. If the Project Proponent (1) fails to 

assume and implement the terms and conditions or (2) fails to require any contractor to adhere to 

the terms and conditions of the Incidental Take Statement through enforceable terms that are 

added to any grant document, the protective coverage of Section 7(0)(2) may lapse. In order to 

monitor the impact of incidental take, the Project Proponent or contractor must report the 

progress of the action and its impact on the species to us as specified in the Incidental Take 

Statement. [50 CFR §402.14(i)(3)] 

Amount or Extent of Take Anticipated 

Based on the information provided in the BA and phone and email communications with you, 

Garkane, and Transcon Environmental, there are 0.031 acres of habitat that will be permanently 

impacted by the proposed project. There is a total of 9.16 acres of occupied UPD habitat within a 

350-foot buffer of the project right-of-way that will be temporarily impacted. 

Incidental take of UPDs is expected to be in the form of harm (injury or mortality related to 

construction activities, habitat degradation or loss, loss of forage) and/or harassment (resulting 

from disturbance of individuals during foraging or encouraging animals to move out of harm's 

way). Based on the August 2009 UPD counts from this area, approximately 155 adult UPDs may 

be impacted within the action area, in the form of harassment due to project activities. 

Harassment may occur due to the indirect effects of construction noise levels, ground vibration, 

and increased human activity. Harassment is anticipated to be temporary, and confined to the 

length of construction. There is also a small potential for inadvertent mortality from being run 

over or crushed by construction equipment. We anticipate that no more than fifteen UPDs will be 

killed by project related activities.

Effect of Take 

In the BO, we determined that this level of anticipated take is not likely to result in jeopardy to 

the species. This BO does not authorize any form of take that is not incidental to the construction 

associated with the proposed transmission line project. 

Page A1-2 Record of Decision 

Tropic to Hatch 138 kV Transmission Line 
 

Reasonable and Prudent Measures 

We believe that the following reasonable and prudent measures are necessary and appropriate to 

minimize incidental take of UPDs: 

1. Measures must be implemented to prevent UPDs from being killed or harmed by any 

project-related activity. 

2. Measures must be implemented to minimize loss, degradation, and fragmentation of 

UPD habitat. 

Terms and Conditions 

In order to be exempt from the prohibitions of Section 9 of the Act, DNF and Garkane must 

ensure that construction of the Tropic to Hatch Transmission Line Project complies with all of 

the Applicant Committed Conservation Measures included in the Description of the Proposed 

Action on pages 6-11 of this biological opinion, and the following additional Terms and 

Conditions which implement the Reasonable and Prudent Measures described above. If DNF, 

Garkane, or the contractor(s) fail to comply with any of the Applicant Committed Conservation 

Measures, Reasonable and Prudent Measures, or Terms and Conditions of this BO, the 

designated biologist or on-site responsible party shall suspend construction activities until such 

time that DNF, Garkane, and the contractor(s) are in compliance with these terms and conditions. 

These terms and conditions are non-discretionary. To implement reasonable and prudent measure 

number 1, the following terms and conditions must be implemented in addition to the Applicant 

Committed Conservation Measures outlined in the Description of the Proposed Action: 

a) The DNF must designate one or more individuals to be responsible for overseeing 

compliance with the applicant committed conservation measures listed in the project 

description section and the terms and conditions contained in this biological opinion, and 

providing coordination with the USFWS. 

b) A qualified biologist (A biologist with a bachelor's degree or graduate degree in biology, 

ecology, wildlife biology, mammalogy, or related fields. In addition, he/she must have a 

minimum of 20 hours of documented field experience surveying, monitoring or researching 

prairie dogs OR have completed the official FWS UPD Survey Training every 4 years) 

approved by the USFWS must be on site during construction within 350-feet of occupied 

UPD habitat: 

• The qualified biologist will have the authority to halt activities which may be in 

violation of these terms and conditions. 

• The qualified biologist must ensure that all construction activity is closely monitored 

to comply with these terms and conditions. 

• The qualified biologist must monitor and document take and suspected take of UPDs. 

• The qualified biologist must provide us with a post-construction compliance report 

containing information concerning the construction (daily construction times) how 

the Terms and Conditions of this biological opinion were implemented, and how 

many UPDs were taken or suspected of being taken, along with their locations and 

times. This report must be submitted to us within one month of project completion. 

c) Construction and maintenance vehicles must be operated in a manner to minimize 

impacts to UPD, including limiting vehicle speeds to 5 mph in occupied habitat in the 

project area. All construction related equipment, machinery, and activities will be 

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Tropic to Hatch 138 kV Transmission Line
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Tropic to Hatch 138 kV Transmission Line 

permitted only in the designated staging areas within the project right-of-way during the 

life of the project. Vehicles used to access the project site or equipment used on the 

project must not be driven or parked within any UPD habitat outside of the project rightof-way. 

To implement reasonable and prudent measure number 2, the following terms and conditions 

must be implemented in addition to the Applicant Committed Conservation Measures outlined in 

the Description of the Proposed Action: 

a) All construction related equipment, machinery, and activities will be permitted only in 

the designated staging areas within the project right-of-way during the life of the project. 

Vehicles used to access the project site or equipment used on the project must not be 

driven or parked within any UPD habitat outside of the project right-of-way. 

The reasonable and prudent measures, with their implementing terms and conditions, are 

designed to minimize the impact of incidental take that might otherwise result from the proposed 

action., If, during the course of the action, this level of incidental take is exceeded, such 

incidental take represents new information requiring re-initiation of consultation and review of 

the reasonable and prudent measures provided or an amendment to this BO. You and Garkane 

must immediately provide an explanation of the causes of the taking and review with us the need 

for possible modification of the reasonable and prudent measures. 
Appendix 2: 

Applicant Committed 

Conservation Measures 
Applicant committed conservation measures from the Biological Opinion dated February 2, 

2011, for the Tropic to Hatch EIS. 

Applicant Committed Conservation Measures 

The following measures will be implemented by the project proponent for all construction and 

maintenance activities: 

General Project Conservation Measures 

• All construction and maintenance personnel will be required to attend an environmental 

training. The training will address environmental concerns, applicable environmental 

laws, and requirements for compliance. The training will highlight the UPD so that 

personnel are aware of the species and measures to be implemented to reduce potential 

impacts. 

• All project employees shall be advised as to the definition of "take" and the potential 

penalties (up to $50,000 in fines and one year in prison) for taking a species listed under 

the Endangered Species Act. Take is defined as, "to harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct; and 

may include significant habitat modification or degradation if it kills or injures wildlife 

by significantly impairing essential behavioral patterns including breeding, feeding, or 

sheltering". 

• To avoid the spread of noxious weeds, the following measures will be implemented: 

o A pre-construction weed inventory and treatment of weed-infested areas will be 

required. 

o To minimize the potential for the spread of noxious weeds, all equipment used 

during construction will be power washed off-site prior to entering the project 

area for the first time. 

o Ongoing monitoring and treatment of noxious and invasive species will be 

incorporated into Garkane's Operation and Maintenance, Plan. If necessary, 

Garkane will survey and treat, on a bi-annual basis (during the growing season), 

the right-of-way for noxious weeds for the first 10 years following completion of 

construction, and submit bi-annual reports to the BLM and DNF as requested. 

o If chemical weed control is used, only BLM and DNF-approved chemicals will 

be used by certified applicators. 

• Vegetation will be left in place and driven over by equipment wherever possible to avoid 

excessive damage and allow for re-sprouting. 

• After work is completed, Garkane will reseed areas where vegetation was disturbed. The 

seed mixture will be approved by the surface management agency or private landowner, 

using recommended planting methods to facilitate the restoration of habitat. 

• Seed mixes used for rehabilitation purposes will be certified noxious weed free. 

Revegetation of disturbed areas will be subject to BLM and DNF monitoring and 

inspection (at agency discretion) to ensure revegetation success. Based on findings, the 

BLM and DNF may require additional revegetation if the initial seeding is unsuccessful. 

The BLM and DNF will provide revegetation objectives to Garkane prior to project 

initiation. 

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Tropic to Hatch 138 kV Transmission Line 
 

• Reseeded areas within grazing allotments may require additional measures to assure 

revegetation success. These areas may attract livestock that could graze on the 

reclamation areas. The individual surface management agency or land owner may require 

special measures such as herding, salting, and placement of water sources to attract cattle 

away from reclamation areas as needed. Larger areas (such as lay-down yards and pulling 

sites) may require temporary fencing to exclude livestock. 

• All construction trash and other waste will be properly contained, removed from the site, 

and disposed of at the proper facilities after construction. No open burning of trash will 

occur. 

• Construction and maintenance personnel will not possess firearms or pets within the 

rights-of-way. 

• Upon locating a dead or injured Federally listed species, initial notification must be made 

within one business day to the USFWS Division of Law Enforcement in Cedar City, Utah 

at telephone (435) 865-0861, the USFWS Ecological Services Office at telephone (801) 

975-3330, and the Cedar City office of the Utah Division of Wildlife Resources at 

telephone (435) 865-6120. The DNF and BLM will also be notified if the take has 

occurred on their lands. 

Access Related Conservation Measures 

• All vehicle and equipment movement outside of the right-of-way will be restricted to 

predesignated access areas, contractor acquired access, or public roads. 

• Construction routes will be reclaimed. 

• Access routes used solely for maintenance and operation of the transmission line will be 

closed to all other vehicle traffic. 

• Vegetation will be left in place wherever possible to minimize ground disturbance and 

allow for natural recovery. 

Utah Prairie Dog Conservation Measures 

• As part of their applicant committed conservation measures, Garkane had the entire 

action area surveyed for UPDs and their habitat according to protocol in 2009 (see 

Appendix C of the BA; USFS 2010). 

• A protocol UPD survey will be conducted in the year of construction to ensure colonies 

have not expanded beyond their previously mapped boundaries. In addition to previously 

surveyed areas, this survey will assume an 80-foot radius around each structure and a 350 

buffer around each structure and temporary use area. Results of the survey will be 

provided to the USFWS, BLM and DNF for approval prior to construction activities 

occurring in these areas. 

• Where possible, structures will be placed outside of UPD colonies, with the conductor 

spanning them as much as feasible to minimize ground disturbance. 

• Soil sterilants will not be used at structure sites within 350 feet of occupied UPD habitat. 

• All maintenance of construction equipment will be performed at a suitable offsite 

location. In the event maintenance of equipment is required onsite it will not be 

performed on or within 350 feet of identified UPD colonies. 

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Tropic to Hatch 138 kV Transmission Line
• A biological monitor will be present where construction activities occur within 350 feet 

of a UPD colony. The monitor will ensure UPD and their burrows are not crushed by 

personnel or equipment and that disturbance is limited to the minimum necessary to 

complete project activities. The monitor will walk equipment into active colonies, 

picking an access route that avoids active burrows and will ensure that crews are aware of 

active burrows and are trying to avoid them when installing new structures. Prior to 

crews installing structures in active colonies, all active burrows will be marked with pin 

flags to increase their visibility. The biological monitor will have the authority to halt 

construction if prairie dogs are in imminent danger from construction activities or 

equipment. Construction may proceed once the prairie dogs are no longer in danger, or if 

equipment is rerouted to avoid endangering prairie dogs. Routine maintenance activities 

will not require a biological monitor. 

• Construction activities for the 138kV transmission line will be limited as much as 

feasible within active UPD colonies. An 80-foot radius work area will be flagged around 

each structure site and vehicles and equipment will not operate outside of this radius, 

with the exception of travel along the temporary centerline access route and designated 

temporary use areas. Limited foot traffic may still occur outside of the flagged area. 

• No access roads will be constructed within active UPD colonies. Access within active 

UPD colonies will be limited to vehicle travel overland along the project centerline, and 

subsequent vehicles will follow these established tracks to minimize disturbance. 

• Site-specific improvements (i.e. drainage crossings) will be kept to the minimum 

necessary to complete the project. 

• To the extent feasible, once ground disturbing activities within a UPD colony begin, they 

will continue without interruption until completion to reduce the overall time of activity 

within active UPD colonies. 

• Construction equipment and materials will not be staged within 350 feet of a UPD 

colony. 

• Vehicle and equipment traffic within active UPD colonies will be restricted to the 

minimum necessary to complete construction activities. 

• Vehicles and equipment operating within an active UPD colony will observe a speed 

limit of 5 mph or less. 

• Vehicles, equipment, and materials will not be operated, parked or stored within an active 

UPD colony except when construction is actively occurring within the area. 

• Where feasible, a seasonal construction window will be observed for activities resulting 

in new ground disturbance in an active UPD colony. These activities will occur within 

the time when juvenile prairie dogs are active and moving about on their own (June 1 

through August 31). If this window is not feasible, a qualified biologist will perform a 

survey within active UPD colonies prior to construction in the area to determine if 

juveniles and adults are still active. Results of this survey will be discussed with the 

USFWS and BLM or DNF to determine whether construction may proceed, or if 

additional consultation is required. 

• Coordination with the USFWS and BLM or DNF will occur for major maintenance 

activities occurring within 350 feet of an active UPD colony. The result of this 

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Tropic to Hatch 138 kV Transmission Line 
 

coordination may require additional surveys, monitoring, or other conservation measures 

prior to major maintenance activities. 

• The BLM, USFS and/or Garkane will notify the USFWS within 48 hours of emergency 

maintenance activities within 350-feet of an active UPD colony, to discuss potential 

impacts. 

• Raptor perch deterrents/discouragers will be used on poles to minimize perching in areas 

inhabited by the UPD as required by each surface management agency. 

• Pay compensation at ratios and costs as outlined below: 

o Garkane will mitigate for permanent impacts within potential UPD habitat 

(occupied or historic) by providing funding to purchase land that will be set aside 

in perpetuity for the conservation of UPD and their habitat. Land will be 

purchased at a ratio of 3: 1, or a cost of $17,400 per acre disturbed. The total 

payment will be $522 based on 0.03 acres of impact. 

o Garkane will mitigate for temporary impacts within occupied UPD habitat by 

rehabilitating UPD habitat at a ratio of 2: 1, or a cost of $4,000 per acre disturbed. 

The total payment will be $36,640 based on the 9.16 acres of impact. 

o A total of $37,162 will be paid to the National Fish and Wildlife Foundation Utah 

prairie dog account. We are working with our partner organizations to identify 

suitable lands that we can purchase to set aside in perpetuity for UPD. Garkane's 

mitigation will be used to augment our land acquisition. 

Mexican Spotted Owl Conservation Measures 

• Vegetation removal in the Cedar Fork region will be limited to the minimum necessary to 

facilitate construction, and maintain safe clearances for the proposed transmission line. 

• If construction occurs in Cedar Fork Canyon during or after 2013, protocol Mexican 

spotted owl surveys will need to be repeated. Results of these surveys will be provided to 

the USFWS and DNF. If Mexican spotted owls are detected, consultation may need to be 

reinitiated. 

Greater Sage Grouse 

• To minimize impacts to the sage grouse, construction activities within a 0.5-mile radius 

of an active lek will be avoided during the peak lek attendance period (April 1 through 

May 7). 

• Raptor perch deterrents/discouragers will be used on poles to minimize perching in areas 

inhabited by the greater sage grouse as required by each surface management agency. 

Operations and Maintenance Conservation Measures 

Potential impacts resulting from maintenance activities have been broken down based on the type 

of maintenance activity (routine, major, or emergency), as defined in the Proposed Action 

section. Similar activities to those described below currently occur along the 69kV alignment. 

After construction, these activities will cease along the 69kV and commence along the 138kV 

alignment, thus offsetting some of the maintenance related impacts. 

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Routine Maintenance Conservation Measures 

• All Garkane employees involved in maintenance patrols and repairs will be required to 

participate in a threatened and endangered species education program. This program will 

focus on the UPD and will provide identification information and outline appropriate 

Best Management Practices for working within UPD habitat. 

• Where feasible, Garkane will limit vehicle ground patrols and routine maintenance work 

within 350 feet of occupied UPD colonies to the inactive period for UPD (September 1 

through March 31). Only ATVs will be used for ground patrols within occupied colonies. 

• Where applicable, trash and food items will be contained in closed containers and 

removed daily. 

• Pets and firearms will be prohibited from the maintenance sites. 

• Upon completion of maintenance activities, all unused equipment and material shall be 

removed from the project site. 

• Garkane will notify the USFWS, DNF, and BLM within 24 hours of encountering any 

dead UPDs, regardless of the source of mortality. 

• It will be Garkane's responsibility to ensure that a qualified biologist will perform a UPD 

survey within 350 feet of any routine maintenance requiring new ground disturbance 

(e.g., road repair or vegetation removal). This will also require coordination with the 

USFWS and BLM or DNF depending on where the action will take place. A biological 

monitor will be present for any routine maintenance requiring significant new ground 

disturbance within an active colony. 

Major Maintenance Conservation Measures 

• In addition to measures listed for routine maintenance, the following measures apply to 

major maintenance activities: 

• Coordination with the USFWS and BLM or DNF will occur prior to any major 

maintenance activities depending on where the action will take place. The result of this 

coordination may require additional conservation measures not outlined here. 

• A qualified biologist will perform a UPD survey within 350 feet of any major 

maintenance location within 350 feet of suitable habitat. 

• A biological monitor will be present during any major maintenance activity within 350 

feet of UPD occupied habitat. 

Emergency Maintenance Conservation Measures 

These activities are expected to have similar impacts as other maintenance activities; however, 

due to the urgent nature of these activities, conservation measures cannot always be employed. 

Garkane will notify the USFWS, BLM and DNF within 48 hours from the initiation of 

emergency maintenance activities within 350 feet of occupied UPD habitat.