STEVENS T. MASON BUILDING • 530 WEST ALLEGAN STREET • P.O. BOX 30028 • LANSING, MICHIGAN 48909-7528 www.michigan.gov/dnr • (517) 373-2329

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RICK SNYDER GOVERNOR

STATE OF MICHIGAN

DEPARTMENT OF NATURAL RESOURCES LANSING

RODNEY A. STOKES DIRECTOR

June 6, 2011

Mr. Jim Hodgson, Chief United States Department of the Interior U.S. Fish and Wildlife Service Wildlife and Sport Fish Restoration Programs 5600 American Blvd. West, Suite 990 Bloomington, MN 55437-1173

Dear Mr. Hodgson:

We are writing to seek preliminary approval to proceed with a land exchange involving parcels at the Wildlife Division’s Minden City and Sanilac State Game Areas (see Figure 1 for project location map). This proposed exchange includes the divestiture of one acre of land at Michigan’s Department of Natural Resources (DNR) Minden City State Game Area, Sanilac County, T13N-R13E, Section 12 (Figure 2). Using the proceeds from the divestiture, the Wildlife Division will acquire 140 acres in the nearby Sanilac State Game Area, Sanilac County, T14N-R12E, Section 11 (Figure 3). The purpose of the divestiture is to allow for the expansion of the Hillside Cemetery (Land Transaction Application 20080128 attached as Appendix A). The cemetery is landlocked by the state game area and is out of space, with only five graves left that could be sold.

To compensate for the loss of the one acre parcel that was acquired with Pittman-Robertson Wildlife Restoration Act funds, the acquired 140 acres will be acquired entirely with funds from the proceeds of the divestiture and the Michigan Natural Resources Trust Fund (MNRTF). The MNRTF consists entirely of monies with no federal interest and no fees collected from the sale of hunting and fishing licenses. Despite the use of MNRTF monies, the Wildlife Division will place the same federal interest on the acquired 140 acres as exists on the one acre parcel proposed for divestiture. In other words, the U.S. Fish and Wildlife Service will gain an undivided interest in 140 acres in exchange for divesting of one acre.

The Hillside Cemetery Corporation has requested one acre of land adjacent to the existing cemetery on any side for expansion. The area wildlife habitat biologist has determined that divestiture of a one acre square parcel adjacent to the south side of the existing cemetery will have minimal impacts (Figure 4). This property has not been surveyed. A survey will be completed and submitted if preliminary approval is granted. The proposed conveyance description is:

Beginning 57 rods North of the Southeast corner of the East ½ of the Northeast ¼ of Section 12, T13N, R13E, thence West 208.71 feet, thence South 208.71 feet, thence East 208.71 feet, thence North 208.71 feet to the place of beginning.

The parcel proposed for divestiture consists of mixed upland hardwood (75% red maple poles/logs, 10% cherry poles, 5% green ash logs). This parcel is part of a larger parcel acquired in 1942 with funds from a Pittman-Robertson Wildlife Restoration Act land acquisition grant known then as W-21-L. The Wildlife Division has since consolidated all project areas into a

Mr. Jim Hodgson Page 2 June 6, 2011 single land acquisition grant known as W-145-L Statewide Land Acquisition. The intended purposes of the game area were and continue to be to provide, protect, and enhance wildlife habitat, allow for the management of wildlife populations, and to provide for the associated recreation of hunting and trapping.

Divestiture of this proposed parcel will not affect the ability of the game area to continue to serve its intended purposes. Although one acre of land will be lost from the more than 7,800 acres owned and managed within the game area, this loss will have no measureable affects for the following reasons:

1. Although the land will no longer be managed as part of the game area, it will not be developed in a manner that would preclude use by the same wildlife species managed for within the game area.

2. No occupied dwellings will be constructed so there will be no impact beyond the one acre parcel on huntable lands on the game area.

3. There is no developed infrastructure on the parcel proposed for divestiture necessary for the maintenance and operation of the game area or for public access.

4. No significant habitat developments have been made on the parcel proposed for divestiture.

5. This divestiture will not lead to or catalyze future divestiture needs as the Hillside Cemetery Corporation has agreed that no future cemetery expansions will be necessary. We have been assured that once the cemetery is filled, any future needs will be served by other cemeteries. If this divestiture is approved, as a condition of acquiring this parcel, the Hillside Cemetery Corporation has agreed to provide a signed resolution stipulating that they will not seek any additional lands from the DNR.

The land to the north, west, and east of the cemetery is heavily used in the fall and spring for parking, camping, and hunting, with parking and/or camping areas immediately to the north and east of the existing cemetery. The land to the west of the cemetery consists of recently thinned (2007) red pine and aspen regeneration. The parcel proposed for divestiture is a square parcel that will result in a somewhat irregular boundary with the game area (Figure 4). The Wildlife Division typically avoids creating irregular boundaries, however, in this case there is managed high quality aspen regeneration to the west of the parcel proposed for divestiture that would be negatively impacted if a rectangular parcel was divested that shared a common west boundary with the existing cemetery.

If approved, the DNR will sell the parcel proposed for divesture to the Hillside Cemetery corporation at fair market value established by a reviewed appraisal conducted to federal “yellow book” standards. As previously mentioned, the proceeds from this sale will be

Mr. Jim Hodgson Page 3 June 6, 2011 combined with MNRTF monies to acquire the 140 acre parcel within the Sanilac State Game Area at fair market value from a willing seller. The fair market value of the lands to be acquired will be established by a reviewed appraisal conducted to federal “yellow book” standards. Also as previously mentioned, a federal interest will be recorded in the deed of the replacement lands and DNR will record the interest for these lands as deriving from 75% from Pittman-Robertson Wildlife Restoration Act funds and 25% from fees derived from the sale of hunting and fishing licenses.

The proposed replacement parcel consists of 140 acres of bottomland hardwoods. It is located nine miles northwest of the parcel proposed for divestiture and is adjacent to the Sanilac State Game Area and the Petroglyphs Historic State Park, Sanilac County, T14N-R12E, Section 11 (Figure 5). Once acquired, this parcel would be managed as part of the Sanilac State Game Area. The Sanilac State Game Area was established as a project area under the federal Pittman-Robertson Wildlife Restoration Act Grant known as W-114-L. As with the Minden City State Game Area, the Sanilac State Game Area project has been consolidated into our single land acquisition grant known as W-145-L Statewide Land Acquisition. The intended purposes of the Sanilac State Game Area are the same as those for the Minden City State Game Area.

This parcel would add significantly to public hunting within the Sanilac State Game Area. Deer, wild turkeys, and ruffed grouse are abundant. The owners have harvested 197 deer on the property in the past 24 years and 12 ruffed grouse were taken in 2009. In 2010, Wildlife Division reviewed properties for sale that were within state game areas and contained habitat for turkeys. This parcel was the highest-ranked of the 13 parcels reviewed. Typically, the Wildlife Division would prefer to have replacement acres occur within the same project area as the divestiture. A suitable replacement parcel with willing seller, however, could not be identified within the Minden State Game Area. Given the quality of the proposed replacement parcel, the additional acres and value of the proposed replacement parcel, and the proximity to the Minden City State Game Area, the Wildlife Division feels the proposed replacement parcel is more than suitable. If negotiations with the willing seller of the Sanilac State Game Area should fail for any reason, the Wildlife Division has a ranked-list of other acceptable replacement parcels within 13 miles of the desired parcel.

Approving a divestiture and subsequent replacement of lands with federal funds constitutes a federal action that requires compliance with numerous federal laws and regulations. In compliance with provisions of the National Environmental Policy Act (NEPA), this federal action will not have a significant impact on the quality of the human environment. This disposal is completely covered by the U.S. Fish and Wildlife Service Region 3 Federal Aid Office “Final Generic Environmental Assessment for a Streamlined Method for Minor Encroachments into and Divestitures of Minor Amounts of State Lands Acquired with Federal Aid Funds” (Generic EA) and the subsequent Finding of No Significant Impact (FONSI). A complete description and documentation of NEPA compliance is provided in an enclosed letter on the Findings of NEPA Compliance for Federal Assistance Minor Divestiture of Lands.

Mr. Jim Hodgson Page 4 June 6, 2011

This proposed divesture and subsequent acquisition is not likely to adversely affect any federally listed or candidate species or designated critical habitat under the Endangered Species Act (ESA). Only two federally listed species could potentially occur within the project action area, the Indiana bat and Northern riffleshell. Neither species is known from the parcel proposed for disposal nor is either species known from the vicinity of this parcel. Additionally, the Northern riffleshell is not known to occur in any of the river and stream systems within or in the vicinity of the parcel proposed for acquisition. There is potential for suitable habitat and habitat management for the Indiana bat to occur on the parcel proposed for acquisition. Although we have no current records of the Indiana bat from the parcel proposed for acquisition, there are considerable floodplain forests on this parcel. Once acquired, the master plan for the Sanilac State Game Area will be updated to reflect this potential and management objectives will include managing these areas for the mature floodplain forests used by Indiana bats. A completed Region 3 WSFR Section 7 Evaluation Documentation Phase I is enclosed.

There are no structures present nor are any culturally significant sites present in the proposed area. In compliance with the National Historic Preservation Act (NHPA), the Wildlife Division has submitted a Section 106 review with Michigan’s State Historic Preservation Office (SHPO). We do not anticipate any issues resulting from this review; however, we will modify the request if necessary once the review is completed. We will provide all documentation necessary for NHPA compliance as it becomes available and will consult with your office if we find any potential to affect historically or culturally significant sites.

For the parcel proposed for acquisition, there is no potential to affect any historic properties or culturally significant sites, even if they were to be present by acquiring the lands. As we can not currently predict what management activities may occur and where on the parcel proposed for acquisition they may occur, we cannot determine if any future actions would have the ability to affect historic properties or culturally significant sites. Consequently, no Section 106 review with the SHPO has been conducted. The Wildlife Division conducts these reviews once the management activities are known and before those activities that could have an affect are conducted.

The proposed divestiture and subsequent acquisition do not involve any other federal compliance issue. When conducting these transactions, DNR will comply with all applicable federal laws, regulations, and policies including, but not limited to the Coastal Zone Management Act of 1972, Executive Order 11988 Floodplain Management, 11990 Protection of Wetlands, 13112 Invasive Species, Animal Welfare Act of 1985, and Coastal Barriers Resources Act of 1982.

If approved and upon completion of the land transactions, the Wildlife Division will submit an amendment to our W-145-L Statewide Land Acquisition grant. This amendment will include a Land Summary Statement for both the divestiture and acquisition along with the following supporting documents:

Mr. Jim Hodgson Page 5 June 6, 2011

1. Location maps for both the divestiture and acquisition parcels showing the project areas within the state boundaries.

2. Plat book maps with both the divestiture and acquisition parcels highlighted.

3. Parcel dimension maps for both the divestiture and acquisition parcels that can be appraisal or survey maps provided they include necessary dimension details.

4. Letters of appraisal review and certification for appraisals completed to federal “yellow book” standards for both the divestiture and acquisition parcels.

5. For divestiture parcel, signed purchase agreement from buyers accepting fair market value as established in reviewed and certified appraisal. For acquisition parcel, a statement of just compensation signed by sellers containing offer to purchase at fair market value as established in reviewed and certified appraisal.

6. For public notification, copies of Director’s memos and approvals for divestiture and acquisition detailing the public comment period and including any comments received.

7. For both the divestiture and acquisition parcels, copies of final recorded deeds.

8. For acquired parcel, copy of a notice of property restriction properly recorded against the deed detailing the federal interest in the parcel containing the following:

a. Identify that the United States Fish and Wildlife Service (USFWS) has an interest in the real property to which the Notice of Property Restriction applies and where the title to this interest is recorded.

b. Identify the land acquisition grant by the following identifying number and name: W-145-L Statewide Land Acquisition.

c. State the purpose of the project is to provide, protect, and enhance wildlife habitat, allow for the management of wildlife populations, and to provide for the associated recreation of hunting and trapping.

d. State that DNR will not convey or encumber the interest in real property, completely or in part, without USFWS’ consent and will manage the interest in real property for the project’s authorized purpose unless USFWS authorizes otherwise.

e. State that the Notice of Property Restriction runs with the interest in the real property and none of the items may be changed or cease to be applicable unless USFWS provides written authorization, which DNR will also record with reference to the title to the real property.

Mr. Jim Hodgson Page 6 June 6, 2011

9. For the acquisition parcel, a copy of Title Insurance Policy to serve as title vesting certificate.

10. For both the divestiture and acquisition parcels, signed closing statements.

In summary, the proposed divestiture of one acre at the Minden City State Game Area will not affect the Wildlife Division’s ability to continue to operate and maintain the area for its intended purposes. Additionally, the 140 acres of lands that will be acquired as a result of the divestiture will more than offset any monetary or habitat loss resulting from the divestiture. Please let me know if you need any further information to process our request. Should you find this request acceptable, please respond in writing at your earliest convenience noting your preliminary approval to proceed. Thank you for your consideration.

Sincerely

Russ Mason, Ph.D., Chief Wildlife Division 517-373-9311 Enclosures cc: Mr. Gary E. Owen, Legislative Liaison and Policy Advisory, DNR

Mr. Ed Meadows, Real Estate Section, DNR Mr. Eric Sink, Department Federal Aid Coordinator, DNR Mr. Stephen Beyer, Wildlife Division Federal Aid Coordinator, DNR Mr. Earl Flegler, Wildlife Division Public Lands Specialist, DNR Mr. Don Bonnette, Acting Wildlife Biologist, DNR

Figure 1: Location map of proposed land divestiture and acquisition in Sanilac County,

Michigan. The divestiture would occur from the Minden City State Game area and the resultant acquisition would be in the Sanilac State Game Area approximately 9 miles to the northwest.

Figure 2: Location of the proposed Minden City State Game Area land divestiture.

Figure 3: Location of the proposed Sanilac State Game Area land acquisition.

Figure 4: Details of the proposed Minden City State Game Area land divestiture. True color

aerial imagery was taken in spring 2009.

Figure 5: Details of the proposed Sanilac State Game Area land acquisition. True color aerial

imagery was taken in spring 2009.

Appendix A: Land Transaction Application 20080128

RECEIVEDAPR 1 7 2008

MId'igan Do<>arrno<td ........ Rflour<ooi.r<londF_

LAND TRANSACTION ApPLICATION{Jyl<1ll><dyd"", 2'01""~', P.A 'W' ..__

Ths a>~io "" ... , p<1.I'Vidlos 1M opportunity tl f:«lPOS& an Exc!lange 0( Pl.rc:hase 01 Slal&<lw1led land 0( rights in land. Fair~ value dIM priwtely<PNned land olf9red in exdlange rrust be~leIyeq..IllI tl 0( greate<1h2n 1M lair rnao:ketvalue 0I1he Slale-<>Mled land desired The pOOlic use poIential: or naIUraIl89OUI'O!I vaiue 01 t>e offered l;vIds rrosl be greaterIh2n Ihal d t>e de!;inld l;n;l$. Eadl ~Iloo,wi be evakJaIed 00 its o..n merrts.

Please proYide flAllegaI des<;riplIon or idenIily the DNR ParoolIO IUrber dlhe la-ld!I)OO <iesi'e tl excha'lge or po.rdIase.~ Alta<tl (J);l()(;) IncWe adci\iorIaI~~,«: IS3'Y_~ ail rtIQ\IeSled informalion znd~ (WId dale 00 page 2.

If !his appIicalion '" ,...... ,.,..Kled or appra.taI \'00 wi be ootified oIlhe noll(! steps.

Payrnenl 01 SJOO (lor Slate land klIaing ~ to 320 acres) or $5OCI (lor 320 "",es or more) rnISl accoo'lPlI'''f 'Os iiil-'iJIio ..... , tl<::J:1if:I1he <X>Sl 01~ 1Iu .........Iior'. PIease..-..:lose a dIIld< or rmney order made payable t> "Stale 01 Md"iIlan.'Ai+*ailools wi NOT be reviewed -..illu.JI~

PIe..... check one of !he Iollowing. 0 EXCHANGe fiQ PURCHASe

S .ow.DESIRED TATE ED l.AHDDNfl_IO_ .~~Cany _ IT.......... - -;')') ,- -A!O-OJJ-WO-O St\,.rdAc:.. I,Jh;,,,tIANcl it. L·000<>\»>,

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4 Do:>.~t """" the~ rights IssoOIted..wh the landis} oIfeAId to the Stale?OYes DNo DDon'1 know [}Ott>tr. ~IM expta,n.

5. WI Applic:;InI proviOR lI1Ie withooI r~lic:o'l 00' exceplioos to the Slale? Dyes DNo . 1I No. el<j)taln

6. Haw)OJ oiscuued!his P'O\XlUI wi'I'llhe local ONR la'lllrrranage(? OYes DNoDescribe tI>K CCIO'Mlents:

1f)O<l /Ill'" ouesbon.~ tIIfI con..-..,.' clll'lIs~tJon.,.....__MJI::hillM 0epAttmenI cI~~SClU!Ws.LM>d end F........ RlIeI ESlate~s-... '1''''''loooe 517-241-3455.

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CASHIER'1S OFFICEMICHIGAN OE;>ARTMENT OF NATURAL RESOURCESf>() BOX 30451LANSING MI 48909-7951

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April 14, 2008

Michigan Department of Natural ResourcesP.O. Box 30451Lansing, MI 48909-795 I

To Whom It May Concern~

We are writing again to request land for our cemetery. We ""ere denied because,according to Mr. SCOIt Whitcomb, the land ",e wanted 10 lrade was not land with theequivalent vegetation of the land we hoped to replace it ",1th.

Our representative Mr. Espinoza led us to believe thaI the piece of propeny we chosewas. besides being adjacent to State of Michigan, of interest to the State as well. He gaveus lour (4) locations and the one we submitted was for sale.

We thought we had expressed a desire to purchase or trade and submitted our originalrequest as a trade. We will purchase outright if possible either to the north, soulh. west oreast of the cemetery (please see (exhibit #1).

We sent a leller to Carl Levin and he returned our letter and said it was a Slllte situation.The reason we conlllcted Mr. Levin was that we were told the land was land purchasedwith Federal Funds. Now we find out the particular parcel in queslion is a trust and notLand purchased wilh Federal Funds.

We "'TOte 10 Mr. Barcia's office and talked to Chris Cardinal who wrote 10 the DNR onour behalf asking iflhey would take anolher look inlo the request and ask for re­consideration.

We also "'TOle to Governor Granholm's office and talked 'With Monica who was a highelp to us as 1couldn't get SCOll Whitcomb to return a call 10 us. We found oullaler thaiMr. Whilcomb "'lIS indeed very busy bUI returned our call about a month ago. Monica atGovernor's Granholm's office was very puzzled that due to our circumslances (beingland locked) why one (I) acre of land couldn't be spared.

We are non-profit but at the re<luest of 101 owners and relatives ofthc deccased we havcgone ahead and anempled to get more property and they have agreed to come up with lhe

necessary funds to help us purchase an additional acre. So you see we have no problemcoming up with additional monies to acquire the property.

Plea<;c note (exhibit #2) the map indicating location of any parcels surrounding thecemetery on all sides_ This of courst" would be to your diSCTCtion as to which side wouldbenefit the State of Michigan.

I have also included pictures of our beautiful cemetery and the historic headstones thatwe feel would benefit Sanilac County past history and help preserve it for futuregenerations.

In closing .... e do understand that this would be a one time only situation. Please re­consider!!! !

Thank you for your attention

Hillside Cemetery ComminceMargaret A SmithAssistant Treasurer

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Mr. Bill SchmidlAcquisitions and ExchangesMichigan Department of Natural Resoun:esSle~'ens T. Mason BuildingP.O. Box 30028Lansing, ML 48909-7528

Dear Mr. Schmidt.

This leiter comes in support of Sanilac County, Argyle Township's interest 10 once again requesla land transaction with the Department of Natural Resources (DNR) to provide a half acre toexp.-md Hillside Cemelery.

AS you know. the previous Proposed Land Transaction # 20060168 was denied in lale 2006.Because Ihis property is land locked by stale property. their only recourse for expansion is theacquisition of a "ery small portion from the stale. Although I do understand Ihe DNR's chargcof protecting all our pristine lands that have nalural resource or public use values. J wouldrespectfully requesl the DepartmeniS reconsideration of this request.

II you should requir(; any additional infonnation or would like to speak to me !X'rl;on:t.llvregarding this issue, ple3St' do not hesilate to contacl me.

Wilh warm regards.

JIM BARCIAState Senalor

•

Michigan Department of Natural Resources Findings of NEPA Compliance for Federal Assistance Minor Divestiture of Lands

June 2, 2011

W-145-L MDNR NEPA Compliance Documentation for Minor Land Divestiture Page 1 of 4

Dear Mr. Hodgson:

The Michigan Department of Natural Resources is requesting preliminary approval to proceed with a land exchange involving lands acquired with the following Pittman-Robertson Wildlife Restoration Act Grant:

Federal ID: W-145-L Amendment Number: NA

Grant Name: Statewide Land Acquisition – Request for preliminary approval to proceed with land exchange

This document has been prepared to serve as part of the administrative record for compliance with the National Environmental Policy Act (NEPA). Concerning the federal action requested above, I have reviewed the actions included in this grant for NEPA compliance and have found that the activities supported by this grant:

Are completely covered by and will be conducted in accordance with the selected alternative of the following approved and published Environmental Assessment with a corresponding Finding of No Significant Impact (FONSI): Final Generic Environmental Assessment for a Streamlined Method for Minor Encroachments into and Divestitures of Minor Amounts of State Lands Acquired with Federal Aid Funds – Attached is a description of conditions for use of this Environmental Assessment

MDNR requests concurrence with our finding and recommends USFWS adopt this finding to serve as the administrative record of compliance with the spirit and intent of NEPA.

Prepared by: Date: 06/02/2011 Stephen Beyer, Wildlife Division Federal Aid Coordinator

Date: Federal Assistance Program Staff Date:

USFWS Federal

Assistance Concurrence

Federal Assistance Chief

W-145-L MDNR NEPA Compliance Documentation for Minor Land Divestiture Page 2 of 4

Conditions from Generic Environmental Assessment Applies?

1. The proposed land transaction:

a) may not qualify for approval under an existing categorical exclusion

or

b) the State fish and wildlife agency prefers to have the proposed land transaction processed under the Generic EA.

2. The land transaction is:

a) being proposed by a privately owned utility or a third party public agency (not the State fish and wildlife resource agency) for facilities to serve a public need or use (such as an airport expansion, a new or improved road or bridge, or pipeline or other utility line) rather than to benefit fish and wildlife resources

or

b) being proposed to correct a land boundary problem with an adjacent public or private landowner.

Comments: The Hillside Cemetery Corporation is a private, non-profit entity that is not associated with any local, county, or state government. The cemetery is owned by the lot owners and is open to those with family interred in the cemetery or to those with roots in Sanilac County. The Cemetery was started in 1881 following a local forest fire. Pioneer settlers began homesteading the area in 1866 and were responsible for finding and burying the fire victims.

3. The total amount of Federal Aid land to be exchanged, traded, or sold, or that requires an easement, lease, or license does not exceed the values in the following table:

Total Size of State Area Maximum Size of Land Transaction

Less than 300 acres 3 acres

300 to 1000 acres 1 percent of area

more than 1000 acres 1 percent of area not to exceed 25 acres

Comments: The Minden City State Game Area contains more than 7,800 acres. The parcel proposed for divestiture by exchange is 1 acre.

4. There is no feasible and prudent alternative that would avoid the Federal Aid lands and the project plan includes all feasible and prudent measures to minimize the encroachment into and impacts to these State lands.

Comments: The existing cemetery is approximately 1 acre and is completely landlocked by state-owned lands within the Minden City State Game Area. The cemetery has only five burial lots remaining.

W-145-L MDNR NEPA Compliance Documentation for Minor Land Divestiture Page 3 of 4

Conditions from Generic Environmental Assessment Applies?

5. The direct and indirect adverse impacts of the proposed action on Federal Aid lands would be minor or temporary. Comments: The lands near the parcel proposed for divestiture are managed primarily for upland game habitat and hunting opportunities. Although the land proposed for divestiture has been included in recent timber harvests, it has not been the subject of habitat development projects. The areas near the parcel proposed for divestiture are used by the public, primarily for hunting; however, there is no developed public access on the site such as parking areas, and there are no maintained access trails through the parcel proposed for divestiture. If the parcel becomes part of the Hillside Cemetery, there will be no affect on future habitat management activities or public hunting access on remaining state lands in the area. With no occupied dwellings, the cemetery poses no safety zone restrictions for discharge of a firearm. The surrounding lands will continue to be hunted. Additionally, the expansion of the cemetery will not impede access to the area for timber management. Although the loss of one acre will be permanent, this is a minor amount of land and will not lead to future development or adjacent activities that could interfere with the continued management of the Minden City State Game Area for its intended purposes. As a condition of this divestiture, the Hillside Cemetery Corporation will provide MDNR with a signed resolution stipulating that this will be the only expansion of the cemetery. Once this space is filled, the Corporation agrees that any future needs will be served by other cemeteries and that they will not seek any additional lands from MDNR in perpetuity. Additionally, any minor losses will be more than adequately compensated by the acquisition of 140 acres in the Sanilac State Game Area as part of the proposed land exchange.

6. The proposed land transaction would not impact any major development with a Federal Aid interest (such as buildings, shooting ranges, other constructed facilities, etc.).

Comments: There is no infrastructure development on the parcel proposed for divestiture. There are no existing buildings, parking lots, roads, trails, or other developments on the parcel. Although there has been some incidental timber thinning of red pines on the site, this area has not had any significant habitat developments.

7. The land transaction proposal includes a commitment by the applicant to:

a) provide the State fish and wildlife agency with replacement lands of at least equal or greater monetary and fish and wildlife value

or

b) repay the State a sum sufficient to purchase replacement lands of at least equal or greater monetary value and adequate to ensure that the fish and wildlife values of the lands directly and indirectly impacted by the project are fully replaced.

Comments: The Hillside Cemetery Corporation will pay the Department an amount equal to the fair market value of the parcel as established by an appraisal completed and reviewed to

W-145-L MDNR NEPA Compliance Documentation for Minor Land Divestiture Page 4 of 4

Conditions from Generic Environmental Assessment Applies?

Federal “Yellow Book” standards. The Department will use these funds along with state funds from the Michigan Natural Resources Trust Fund (derived entirely from non-federal sources and containing no funds from the sale of fishing and hunting licenses) to purchase a 140-acre parcel as part of the Sanilac State Game Area. The Department agrees to apply the same Federal interest to the entire 140-acres of acquired lands that current exists for the one-acre parcel proposed for divestiture.

8. The proposed land transaction would:

a) not adversely affect Federally listed, proposed or candidate species, and/or designated or proposed critical habitat

and

b) not affect historic nor adversely affect other cultural resources

and

c) not have meaningful adverse impacts to wetlands

and

d) not have meaningful adverse impacts to floodplains.

Comments: No species currently listed, or candidates for listing, under the Federal Endangered Species Act will be affected by this proposed divestiture (see attached Region 3 Phase 1 Section 7 compliance determination). A request for a Section 106 consultation has been submitted to the State Historic Preservation Office. No potential to affect any historic or culturally significant sites are expected; however, should the review find the potential to have affects, this request will be modified as necessary. Documentation necessary for compliance with the National Historic Preservation Act will be provided to the US Fish and Wildlife Service as necessary. The parcel proposed for divestiture does not contain any wetlands or floodplains nor are there any wetlands or floodplains adjacent to the parcel.

9. Substantial public opposition and/or controversy regarding the proposed land transaction does not exist.

Comments: No public opposition or controversy regarding the parcel proposed for divestiture is expected. The Department will provide opportunities for public input on this project as part of our process for divesting of and acquiring lands. Both the divestiture of the proposed one-acre parcel at the Minden City State Game Area and the acquisition of the 140-acre parcel at the Sanilac Game Area will be publicized and presented at a Natural Resources Commission meeting open to the public and with opportunity for both oral and written comments. The comment period will last at least 30 days before the Director takes action on the proposal. If significant opposition or controversy should emerge during this process, the Director will not approve the proposal without further consultation with the US Fish and Wildlife Service.

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REGION 3 WSFR SECTION 7 EVALUATION DOCUMENTATION

PHASE I: COMPLETED BY GRANTEE (See Phase I Instructions for completing this form)

State: Michigan Grantee: Natural Resources Grant Program(s): PR Wildlife Restoration Act Grant Title and Number (add amendment no.): W-145-L – Statewide Land Acquisition – Request for

preliminary approval to proceed with land exchange I Location: A. List counties where grant activities will occur.

Sanilac County

B. Describe the action area (see instructions).

There are two separate land transactions involved in this proposal. The action area includes the two parcels that are the subject of these transactions and the lands adjacent to these parcels (for further location description, see Figure 1 of proposal request). The first transaction involves divesting of a one acre parcel currently part of the Minden City State Game Area in Sanilac County Michigan. This parcel is located in Section 12 of T13N-R13E (see Figures 2 and 4 of proposal request). The second transaction involves acquiring a 140 acre parcel to be part of the Sanilac State Game Area. This parcel is located in Section 11 of T14N-R12E (see Figures 3 and 5 of proposal request).

II. Species/Critical Habitat: A. Species information

1. Using the FWS web site (http://www.fws.gov/midwest/Endangered/), list species that are/or may be present in the county(ies):

There are 21 species in Michigan on the Federal List of Threatened and Endangered Species (see attached table). These include 13 animal species and 8 plant species. In addition, the eastern massasauga rattlesnake and rayed bean mussel are candidates for listing and will be taken into consideration during the proposed implementation activities.

Small whorled pogonia and American burying beetle are presumed extirpated from Michigan and therefore potential affects from proposed activities will not be considered.

Only two federally listed species are known to occur in Sanilac County, the endangered Indiana bat (Myotis sodalis) and endangered Northern riffleshell (Dysnomia torulosa rangiana).

2. List species, from “1.” above, that are not in the action area, and explain why:

Neither the Indiana bat nor the Northern riffleshell occur within or in the vicinity of the parcel proposed for divestiture. The Indiana bat requires mature floodplain forest that does not occur in the upland habitats found on the parcel proposed for divestiture. The Northern riffleshell is only known from stretches of the Black River that are not near the upland habitats found on the parcel proposed for divestiture. The headwaters of the Black River are more than 10 miles from the parcel proposed for divestiture and stretches with known occurrences of the Northern riffleshell are further miles away to the south.

Similarly, neither the Indiana bat nor the Northern riffleshell occur within or in the vicinity of the parcel proposed for acquisition. This parcel is even further removed from the Black River than the parcel proposed for divestiture. Although Indiana bats are not currently known from this site, there is considerable flood plain forests that may contain at least some mature trees suitable for use by Indiana bats. If acquired, these areas will be managed and maintained in conditions suitable as habitat for the Indiana bat.

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B. Using the FWS web site, identify whether federally designated or proposed critical habitat is present within the action area:

The only designated critical habitat in Michigan is for piping plover, Hine’s emerald dragonfly and gray wolf on Isle Royale.

No designated critical habitat occurs or is present in the action area.

*Note: If II.A and II.B above have no species or critical habitat, skip sections III and IV and go to V.

III. Description of Proposed Action: In the space provided or on an attached sheet, describe the action(s) in sufficient detail so that the potential effects of the action can be identified and fully evaluated.

There are two components to the proposed action. The first is the divestiture of one acre of lands within the Minden City State Game Area. The purpose of the divestiture is to allow for the expansion of the Hillside Cemetery. The cemetery is landlocked by the state game area and is out of space with only five graves left that could be sold. The parcel proposed for divestiture consists of mixed upland hardwood (75% red maple poles/logs, 10% cherry poles, 5% green ash logs). This parcel is part of a larger parcel acquired in 1942 with funds from a Pittman-Robertson Wildlife Restoration Act land acquisition grant known then as W-21-L. The Wildlife Division has since consolidated all project areas into a single land acquisition grant known as W-145-L Statewide Land Acquisition. The intended purposes of the game area were and continue to be to provide, protect, and enhance wildlife habitat, allow for the management of wildlife populations, and to provide for the associated recreation of hunting and trapping.

The second component is the acquisition of 140 acres to be part of the Sanilac State Game Area. The proposed replacement parcel consists mainly of bottomland hardwoods and upland forests. It is located 9 miles northwest of the parcel proposed for divestiture and is adjacent to the Sanilac State Game Area and the Petroglyphs Historic State Park. Once acquired, this parcel would be managed as part of the Sanilac State Game Area. The Sanilac State Game Area was established as a project area under the Federal Pittman-Robertson Wildlife Restoration Act Grant known as W-114-L. As with the Minden City State Game Area, the Sanilac State Game Area project has been consolidated into our single land acquisition grant known as W-145-L Statewide Land Acquisition. The intended purposes of the Sanilac State Game Area are the same as those for the Minden City State Game Area.

IV. Description of Effects: In the space provided or on an attached sheet, describe the effects, including beneficial, of the project actions on the identified species, species habitats and federal critical habitat (see II above).

Divestiture of the one acre parcel in the Minden City State Game Area will not affect the ability of the game area to continue to serve its intended purposes. Although one acre of land will be lost from the more than 7,800 acres owned and managed within the game area, this loss will have no measureable affects for the following reasons:

1. Although the land will no longer be managed as part of the game area, it will not be developed in a manner that would preclude use by the same wildlife species managed for within the game area.

2. No occupied dwellings will be constructed so there will be no impact beyond the one acre parcel on huntable lands on the game area.

3. There is no developed infrastructure on the parcel proposed for divestiture necessary for the maintenance and operation of the game area or for public access.

4. No significant habitat developments have been made on the parcel proposed for divestiture.

5. This divestiture will not lead to or catalyze future divestiture needs as the Hillside Cemetery Corporation has agreed that no future cemetery expansions will be necessary. We have been assured that once all the cemetery is filled, any future needs will be served by other cemeteries. If this divestiture is approved, as a condition of acquiring this parcel, the Hillside Cemetery Corporation has agreed to provide a signed resolution stipulating that they will not seek any additional lands from MDNR.

Acquisition of the 140 acre parcel would add significantly to public hunting within the Sanilac State Game Area. Deer, wild turkeys, and ruffed grouse are abundant. The owners have harvested 197 deer on the property in the

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past 24 years and 12 ruffed grouse were taken in 2009. In 2010, Wildlife Division reviewed properties for sale that were within state game areas and contained habitat for turkeys. This parcel was the highest-ranked of the 13 parcels reviewed. Typically, the Wildlife Division would prefer to have replacement acres occur within the same project area as the divestiture. A suitable replacement parcel with willing seller, however, could not be identified within the Minden State Game Area. Given the quality of the proposed replacement parcel, the additional acres and value of the proposed replacement parcel, and the proximity to the Minden City State Game Area, the Wildlife Division feels the proposed replacement parcel is more than suitable.

This proposed divesture and subsequent acquisition is not likely to adversely affect any Federally listed or candidate species or designated critical habitat under the Endangered Species Act (ESA). Only two Federally listed species could potentially occur within the project action area, the Indiana bat and Northern riffleshell. Neither species is know from the parcel proposed for disposal nor is either species known from the vicinity of this parcel. Additionally, the Northern riffleshell is not known to occur in any of the river and stream systems within or in the vicinity of the parcel proposed for acquisition. There is potential for suitable habitat and habitat management for the Indiana bat to occur on the parcel proposed for acquisition. Although we have no current records of the Indiana bat from the parcel proposed for acquisition, there are considerable floodplain forests on this parcel. Once acquired, the master plan for the Sanilac State Game Area will be updated to reflect this potential and management objectives will include managing these areas for the mature floodplain forests used by Indiana bats.

V. Recommended Determination(s) of Effect(s): For all species and critical habitat identified in Section I, mark (X) the appropriate determinations.

A. Listed, Proposed and Candidate Species

X a) “No Effect”

List species for which this recommendation is applicable (or attach list): All listed and candidate species in Michigan except Indiana bat

X b) “May Affect, but is Not Likely to Adversely Affect”

List species for which this recommendation is applicable (or attach list): Indiana bat

c) “May Affect, and is Likely to Adversely Affect”

List species for which this recommendation is applicable (or attach list):

B. Federally Designated and Proposed Critical Habitat

X a) “No Effect” to Critical Habitat

List critical habitat(s) for which the recommendation is applied. All designated critical habitat in

Michigan

b) “May Affect, but is Not Likely to Adversely Affect” Critical Habitat List critical habitat(s) for which the recommendation is applied.

c) “May Affect, and is Likely to Adversely Affect” Critical Habitat List critical habitat(s) for which the recommendation is applied.

Signatures: Prepared by: Name/Title: Stephen Beyer

Signature: Date: 06/01/2011

Telephone No. (517) 241-3450 email: beyers1@michigan.gov

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FEDERALLY LISTED THREATENED, ENDANGERED AND CANDIDATE SPECIES IN MICHIGAN

Scientific Name Common Name Federal Status

Plants

Asplenium scolopendrium americanum American Hart's-tongue Threatened

Iris lacustris Dwarf Lake Iris Threatened

Platanthera leucophaea Eastern Prairie Fringed Orchid Threatened

Solidago houghtonii Houghton's Goldenrod Threatened

Hymenoxys herbacea Lakeside Daisy Threatened

Mimulus glabratus michiganensis Michigan Monkey-flower Endangered

Cirsium pitcheri Pitcher's Thistle Threatened

Isotria medeoloides Small Whorled Pogonia Threatened

Animals – Mammals

Lynx canadensis Canada Lynx Threatened

Canis lupus Gray Wolf Endangered

Myotis sodalis Indiana Bat Endangered

Animals – Birds

Dendroica kirtlandii Kirtland's Warbler Endangered

Charadrius melodus Piping Plover Endangered

Animals – Reptiles

Nerodia erythrogaster neglecta Copperbelly Water Snake Threatened

Sistrurus catenatus catenatus Eastern Massasauga Rattlesnake Candidate

Animals – Mussels

Pleurobema clava Clubshell Mussel Endangered

Epioblasma torulosa rangiana Northern Riffleshell Endangered

Villosa fabalis Rayed Bean Candidate

Animals – Insects

Nicophorus americanus American Burying Beetle Endangered

Brychius hungerfordi Hungerford's Crawling Water Beetle Endangered

Lycaeides melissa samuelis Karner Blue Butterfly Endangered

Somatochlora hineana Hine's Emerald Dragonfly Endangered

Neonympha mitchellii mitchellii Mitchell's Satyr Butterfly Endangered