DECISION MEMO UPPER GROS VENTRE RANGE IMPROVEMENTS *SLATE CREEK CORRALS*

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1 DECISION MEMO UPPER GROS VENTRE RANGE IMPROVEMENTS *SLATE CREEK CORRALS* USDA Forest Service Jackson Ranger District, Bridger-Teton National Forest Teton County, Wyoming INTRODUCTION The Jackson Ranger District has reviewed agency specialist input and public comments as they pertain to three proposed range improvements for the Upper Gros Ventre Allotment. The proposed range improvements originally included the continuation of one corral site and the construction of two fences. The primary purpose of the corral site is to unload cattle from trucks and hold them at the beginning of the grazing season and to hold and load cattle onto trucks at the end of the season. The proposed corral site includes a 1.25 acre corral system and a 3 acre holding pasture that would be located within the existing footprint of the gravel pit (see Map 1). The corral site is near the confluence of Slate Creek and the Gros Ventre River and is approximately 2.5 miles from the Upper Gros Ventre allotment boundary; so cattle must be trailed between the corrals and the allotment at the beginning and end of each grazing season. The corrals are also used to unload and load cattle that trail to and from private property in the upper Gros Ventre and that later graze on the Big Cow allotment. The proposed fences (referred to in the project as the Soda Ridge Boundary Fence and the Lake Creek Fence) would keep cattle within the allotment during the grazing season. The Jackson District Ranger has determined that the decision on the proposed fences project authorization will be deferred to the upcoming National Environmental Policy Act (NEPA) Analysis and its subsequent Allotment Management Plan (AMP) for the Upper Gros Ventre Allotment. The reason for this is that the need for the corrals is immediate and is already partially constructed due to a previous authorization. The fencing decision fits better within the broader assessment of how the allotment as a whole should be managed. BACKGROUND The term grazing permit for the Upper Gros Ventre Allotment transferred to new permittees in The previous permittee last stocked the allotment in 1999 and then was subsequently held in non-use for resource protection due to drought years and for personal convenience. Historically, cattle were trailed along the length of the Gros Ventre Road from ranches in Jackson Hole or in the Gros Ventre area. For example, Annual Operating Instructions for instruct the permittee to trail by way of the Gros Ventre Road. Cattle will not be allowed to drift on or off the forest over elk winter range; they must be kept on the move in elk winter range. Annual Operating Instructions for specify trailing from Horsetail Creek in the spring and to Crystal Creek in the fall. According to 1986, 1990, and 1992 Annual Operating Instructions, livestock was to be trailed from Red Rock Ranch to the Goosewing Pasture (Unit Page 1 of 9

2 A) of the Upper Gros Ventre Allotment by way of Crystal Flats. However, conditions have changed in regards to bringing cattle on and off the allotment, as current permittees must truck their cattle to the Upper Gros Ventre Allotment. Trucking cattle requires a site suitable for handling cattle in addition to allowing semi-trucks access and room to maneuver under most conditions. One of the early issues that arose when the Upper Gros Ventre allotment was transferred to the current permittees was how far to truck in cattle into the Gros Ventre. After weighing the tradeoffs of several alternatives, the Jackson Ranger District authorized temporary corrals at the Slate Creek gravel pit in a September 4, 2007 Annual Operating Instruction modification. This was done under a Categorical Exclusion from 36 CFR220.6 (d)(8): Approval, modification, or continuation of minor, short-term (one year or less) special uses of National Forest System lands. The evaluation showed that Slate Creek site is only option available where the corral functionality can reliably be provided on an already disturbed site because the access road is graveled and frequently maintained up to that point. The other potential sites would require new ground disturbance on sites that are more environmentally sensitive and that often are inaccessible when road conditions are wet. An additional issue that arose centered on the corral site being situated within the Pronghorn Migration Corridor. The pronghorn amendment states All projects, activities, and infrastructure authorized in the designated Pronghorn Migration Corridor will be designed, timed and/or located to allow continued successful migration of the pronghorn from Jackson Hole to the Green River basin. This was considered in the initial authorization even before the amendment was finalized knowing that it would soon be in place. The planning team that created the amendment felt the corral project would be consistent with the new Forest Plan standard. Based on observations and site visits with resource specialists (including wildlife biologists), I have concluded that there is no cause and effect explanation or evidence to suggest that the corrals have put the successful migration of pronghorn at risk during the 3 seasons that they have been in place. The fence associated with the additional 3 acres of holding fence will be a wildlife friendly design that will not impair wildlife migration. Last year the Jackson Ranger District and Jackson Hole Wildlife Foundation implemented a project that removed the bottom wire and replaced the second lowest wire with smooth to promote migration on the fence that surrounds the pivot irrigation field. The telemetry data show that area is most commonly used by pronghorn during migration. Another issue expressed was in regards to the permitting of livestock to trail through crucial biggame winter ranges closed to grazing. However, the trailing of livestock is not inconsistent with either the 1919 Elk Restriction Area documentation or the Forest Plan. In my review of the 1919 Elk Restriction Area documentation, there are no explicit prohibitions (i.e. official Forest Service decisions) of trailing livestock through the closure area. In fact, the historical records and accounts clearly show that trailing of livestock was recommended and allowed to continue. For example, in 1918 the Chief of the Bureau of Biological Survey responded to a Report on Winter Range of Elk in Jackson Hole, Wyoming (written jointly by Biological Survey and U.S. Forest Service specialists) and recommended that cattle which are grazed above the Gros Ventre Area [elk winter range] which in fall must necessarily pass over this area, should be driven through it at a rate of not less than 12 miles for each consecutive 24 hours. In passing through this area the Page 2 of 9

3 cattle should be restricted to the bottom of the valley. In addition, a letter from the Fish & Game Department to the governor of Wyoming in 1923 made reference to the 1919 Elk Restriction in stating that, All grazing on them [areas which have been set aside for the protection of elk in the winter] is prohibited, except in a very limited way, it being almost impossible to wholly exclude cattle from them (emphasis added). In addition, the proposed corral site lies within an area specified as Desired Future Condition (DFC) 12 in the Forest Plan. This DFC specifies that the emphasis areas are wildlife habitat, big-game hunting opportunities, and dispersed recreation activities. The same paragraph from the Forest Plan (DFC 12) on page 242 that states Livestock are not permitted on crucial big-game winter ranges closed to grazing. also says You may encounter traffic delays while livestock are being moved. I have personally observed the trailing activities from the Slate Creek corrals to the allotment and my range staff has monitored for impacts and utilization. Utilization studies were performed immediately following trailing activities during the spring of 2008 by the district Rangeland Management Specialist. It was determined that the rangeland showed evidence of no grazing and/or negligible use. In addition, there is no evidence that trucking the remaining 2.5 miles from the corrals to the Upper Gros Ventre allotment is necessary to prevent resource damage, and thus does not constitute extraordinary circumstances. In fact, the several options for doing so offer increased potential for resource damage by rutting native surfaced roads and unloading on sites with poorly drained soils and vegetation that are not well suited to disturbance. DECISION I have decided to authorize the continued operation of the Slate Creek corrals. The authorized corral site, located in the Slate Creek gravel pit, includes a 1.25 acre corral system and an adjacent 3-acre holding pasture. This facility would be left in place year-round. The corral improvements and stipulations are hereby incorporated into the current term-grazing permit for the Upper Gros Ventre Allotment. This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA). The proposed action falls within the category from 36 CFR220.6 (e)(3): Approval, modification, or continuation of minor special uses of National Forest System lands that require less than five contiguous acres of land. I find that there are no extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist: *Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species: The Jackson District Wildlife Biologist has concluded that there are no extraordinary circumstances associated with this project (in regards to wildlife) that would warrant Page 3 of 9

4 further analysis and documentation in an EA or EIS, given the following mitigation measures are followed: (1) Livestock will be closely monitored at the corrals and when en route to and from the allotment to eliminate the possibility of cattle depredations by wolves, grizzly bears, and other predators. This measure will largely eliminate the possibility that control actions on listed (or other) predators would be taken, and prevent food conditioning that might lead to livestock depredations after an incident. (2) The area newly encompassed by fences should be limited, as possible, to existing disturbed ground associated with the previous mining activity and the road. This measure is to protect active nests and reduce disturbance to birds that nest in shrubs and heavy cover adjacent to the gravel site. (3) The fence(s) of the holding pasture should not extend to the horizon along the ridge that is approximately 75 yards south of the existing corral. This measure will provide for fence-free passage of east-west migrating pronghorn between the proposed new fencing and the existing fence maintained by Red Rock Ranch. The wire for the existing drift fence will be rolled up when the corral is not in use. (4) Fence design requirements include a minimum smooth bottom wire height of 18 inches, a maximum height of 42 inches for the top smooth wire, at least 12 inches of separation between the top two wires, and no vertical stays consistent with design considerations outlined in A Landowners Guide to Wildlife Friendly Fences (Paige 2008). *Floodplains, wetlands, or municipal watersheds: The Forest Hydrologist has concluded that there are no flood plains, wetlands, or municipal watersheds located in the area of interest; and thus it is not likely that the degree of potential effect to the proposed action on wetlands, floodplains, or municipal water supply watersheds constitutes an extraordinary circumstance. In addition, the proposal complies with Executive Order (Floodplain Management), Executive Order (Protection of Wetlands), the Clean Water Act, and the Safe Drinking Water Act. *Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas: The corral is within the corridor of a national Scenic River as designated under the Wild and Scenic River Act. The primary principle for managing the corridor of the Scenic River is that no action will be taken that would degrade free-flowing character, water quality, or Outstandingly Remarkable Values (ORVs). The corral and holding pasture are located outside of the Gros Ventre River floodplain and storm runoff is retained within the pit site. Therefore, this project would not impact free-flowing conditions or water quality. ORVs have not formally been designated as the Coordinated Resource Management Plan is under development. However, the list of potential ORVs includes scenic, recreation, geologic, wildlife and fish, and historic. The disturbance and structures Page 4 of 9

5 associated with the past mining and extraction at the pit site is the primary impacts to scenic quality. Thus rehabilitation authorized through this decision includes burial or preferably removal of the abandoned dragline excavator and metal pipes to benefit scenic integrity. The holding pasture fence will be located within the pit such that it is not visible, or minimally so, from the river. Project location and requirements are designed to create minimal impacts to wildlife and fisheries. There would be no change in vegetative structure of the plant communities in the overall river corridor that has the potential to impact scenery, wildlife populations or habitat. Organic material and nutrients in the cattle manure is expected to promote enhancement of the exposed subsoil such that it is more capable of sustaining plant life, which would benefit visuals and reduce erosion potential. There would be no change in the availability of prey or prey habitat that would have a potential to impact wildlife populations. No impacts are anticipated to threatened or endangered species. Historic and cultural values have been surveyed and would not be affected by the proposed activity. The dragline is not eligible as an historic artifact. Recreation access or attributes on the river or within the corridor would not be altered from current conditions. The geologic value associated with the Gros Ventre relate to the extensive rock exposures, the geologic time span represented and the significant geologic features and processes exposed and preserved in the valley rather than the extraction that has occurred at the site. Having this facility under permit allows the Forest Service to include clauses for site protection and to modify requirements if necessary to protect or enhance Wild and Scenic River values and character. Site clean-up, prevention of weeds, containment of manure, and maintenance of corrals to keep their appearance compatible with the rural setting will all be included in the term-grazing permit. There is no effect to other congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas, as these areas are located well away from the project area. *Inventoried roadless areas or potential wilderness areas: There are no inventoried roadless areas or potential wilderness areas in the area of interest. There is no effect to inventoried roadless areas or potential wilderness areas in the area of interest. *Research natural areas: There are no research natural areas located within the area of interest. There is no effect to research natural areas. *American Indians and Alaska Native religious or cultural sites: There are no known American Indians and Alaska Native religious or cultural sites in the area of interest. There is no effect to American Indians and Alaska Native religious or cultural sites. *Archaeological sites, or historic properties or areas: According to the Forest Archaeologist, the Slate Creek gravel pit area has been surveyed, and there are no known archaeological sites or historic properties or areas in the area of interest. A cultural resource survey was completed for the Slate Creek Corral on June 11, Page 5 of 9

6 2009. No historic or prehistoric sites were found at that location and no sites will be affected by continued use of the corrals. PUBLIC INVOLVEMENT On April 15, 2008, the project scoping letter was mailed to the following affected and/or interested agencies and persons: Andy Schwartz Chair, Teton County Commissioners Deb O Neil, Jackson Hole Wildlife Foundation Deone Robinson Douglas Hare, Red Rock Ranch Glen Taylor, Gros Ventre Wilderness Outfitters Grand Teton National Park Jack an Amy Robinson Jonathon Ratner, Western Watersheds Project Larry L. Jorgenson, Attorney Lisa Robertson Lloyd Dorsey, Greater Yellowstone Coalition Louise Lasley, Jackson Hole Conservation Alliance Mead & Mead, Attorneys at Law Northern Rockies F.O. Kim Berge, Wildlife Conservation Society Randy Williams, Teton Conservation District Shane Christian Sharon Mader Stephanie Bason, Western Wyoming RC&D Wyoming Game & Fish Tony Ligori Formal scoping was completed on May 15, 2008 and due to the number of comments received and issues raised, a public meeting was held on June 23, 2008 to explore possible resolutions to the issues. These issues and their resolution are described in greater detail in the Background section above and in the project file. Approximately 25 people attended the meeting, which took place at the Log Cabin at the Bridger-Teton National Forest Offices in Jackson, Wyoming. The District was not able to complete this analysis in 2008 or 2009 due to competing planned and unplanned programs of work and sustained vacancies in the Zone range program. The deferment of the Soda Ridge and Lake Creek fencing and the modification of the holding pasture size, Page 6 of 9

7 location and design reflect refinements to the proposed action that were made to address issues expressed through the public and internal scoping process, which primarily focus on potential impacts to wildlife. FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS This decision is consistent with the Bridger-Teton National Forest Land Management Plan (Forest Plan). The project was designed in conformance with the Forest Plan, including the Goals, Management Prescriptions, and Standards and Guidelines specified in DFC 12, in which the project area is located. Under this DFC, range is managed to maintain and enhance range and watershed condition. ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES This decision is not subject to administrative review (appeal) pursuant to 36 CFR Part (f). IMPLEMENTATION DATE Implementation may occur immediately. CONTACT For additional information concerning this decision, contact Dale Deiter, Jackson District Ranger, P.O. Box 1689, Jackson, WY 83001, phone REFERENCES CITED Paige, C A Landowner s Guide to Wildlife Friendly Fences. Landowner/Wildlife Resource Program, Montana Fish, Wildlife and Parks, Helena, MT. 44 pp. Page 7 of 9

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9 \s\ Dale A Deiter 9 June 2010 DALE DEITER Jackson District Ranger Date The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C , or call (800) (voice) or (202) (TDD). USDA is an equal opportunity provider and employer. Page 9 of 9