D2 Range Improvement Project Decision Notice

Transcription

1 Forest Service United States Department of Agriculture June 2017 D2 Range Improvement Project Decision Notice Ashley National Forest Flaming Gorge-Vernal Ranger District Uintah County, Utah Responsible Official Rowdy Muir Flaming Gorge-Vernal District Ranger (435) For More Information Contact: Garry Brown, ID Team Leader Rangeland Management Specialist (435)

2 In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA s TARGET Center at (202) (voice and TTY) or contact USDA through the Federal Relay Service at (800) Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) Submit your completed form or letter to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW, Washington, D.C ; (2) Fax: (202) ; or (3) program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender.

3 DECISION NOTICE I have decided to implement the Proposed Action, as analyzed in the May, 2017 D2 Range Improvement Project Environmental Assessment (EA). The Proposed Action is described below. Project Location The D2 Range Improvement Project is located between 15 and 30 miles north of Vernal, Utah, on the Flaming Gorge-Vernal Ranger District within Uintah County in northeastern Utah within the 200,000-acre area associated with the eight allotments in the Project Area (Attachment 3). The Project Area is widespread across the southeast slope of the Uinta Mountains within 11 watersheds (Spring Creek-Ashley Creek, Mosby Creek, Big Brush Gorge-Big Brush Creek, Cottonwood Canyon-Big Brush Creek, Reader Creek, Middle Lake-Brush Creek, Dry Fork-Twin Creek, Willow Spring Draw-Diamond Gulch, North Fork Ashley Creek, Dry Fork, Brownie Creek). Elevations range between 7,000 to 10,000 feet above sea level. Attachment 1 describes the legal and general location of each proposed improvement in the Project Area. Proposed Action The Proposed Action, developed in response to the Purpose and Need presented on page 7 of the EA, is to construct or improve range improvements in 15 locations on the southeast slope of the Uinta Mountains, incorporating Forest Plan guidance and allowing for permitted livestock grazing that continues to meet or move toward desired resource conditions. A detailed description of the Proposed Action is found in the Alternatives section on page 9 of the EA. Design Criteria The project design criteria are an integral part of this project and will be implemented in conjunction with the Proposed Action. The design criteria are included in Attachment 2. Rationale The purpose of the Proposed Action is to improve livestock distribution and minimize areas of livestock concentration. To achieve this purpose, I have decided to implement the Proposed Action described above. I believe additional fencing and water sources and repairs or replacements of existing springs and troughs would assist range managers in improving proper cattle distribution and even use of forage, as well as minimizing areas of livestock concentration; maintaining the season of use; allowing for an enhanced rotation system by deferring and resting areas of the pasture; and resulting in improved wildlife habitat, resolution of recreation conflicts, and protection of springs and other riparian areas. Constructing fences would eliminate areas of cattle concentration in dispersed recreation areas and allow seasonal deferment on early-entry spring range. Constructing experimental exclosures would allow managers to monitor the effects of treatment in cheatgrass/sagebrush plant communities to assist in future vegetation projects. Collectively, improvements would allow range managers to continue implementing allotment management

4 plans, improve vegetative communities in concentration locations, and decrease the workload for the livestock operators to keep their cattle in authorized use areas. I have carefully reviewed the documentation presented by resource specialists that worked on this project, and I have looked at the public comments for this project. The Ashley National Forest (Forest) staff, the public, and interested parties have not expressed any concerns or issues that have not been addressed and the potential impacts of the project are non-existent or minimal in extent. I have also looked at the design of this project in terms of safety. With the design features in place, I do not expect that this project will create a safety concern to the public. I believe that this project will address the purpose and needs described above. Public and Tribal Involvement The public involvement effort was initiated on July 29, 2016, by placing the proposed project on the Forest s July through September 2016 Schedule of Proposed Actions, as well as on the Forest s web page. On August 1, 2016, scoping letters were mailed to 55 interested parties, affected permittees, organizations, and agencies whose names are maintained on the scoping letter mailing list in the project record. In addition, the scoping letter was ed to 237 parties on the Forest s electronic address list. In response to scoping efforts, two interested parties provided comments. The project record contains all written comments received and discloses how the Interdisciplinary Team addressed those concerns within supporting resource analyses. Objection Opportunities This project is subject to a pre-decisional administrative review process, also known as an objection process (36 CFR 218, Subparts A and B). Only individuals or entities (as defined by 36 CFR 218.2) who submitted timely and specific written comments (as defined by 36 CFR 218.2) regarding this proposed project during a designated opportunity for public comment established by the responsible official are eligible to file an objection to this decision. Issues raised in objections must be based on previously-submitted comments unless based on new information that arose after the designated opportunities to comment. Individual members of organizations must have submitted their own comments to meet the requirements of eligibility as an individual; objections received on behalf of an organization are considered those of the organization only. If an objection is submitted on behalf of a number of individuals or organizations, each individual or organization listed must meet the eligibility requirement of having previously submitted comments on the project ( 218.7). Names and addresses of objectors will become part of the public record. Incorporation of documents by reference in the objection is permitted only as provided for at 218.8(b). Minimum content requirements of an objection, identified in 218.8(d), include: Objector s name and address, telephone number if available, and signature or other verification of authorship upon request.

5 Identification of the lead objector when multiple names are listed, along with verification upon request. Name of project, name and title of the responsible official, national forest/ranger district of project. Sufficient narrative description of those aspects of the proposed project objected to, specific issues related to the project, how environmental law, regulation, or policy would be violated, and suggested remedies that would resolve the objection. Statement demonstrating the connection between prior specific written comments on this project and the content of the objection, unless the objection issue arose after the designated opportunities for comment. Written objections (mail, fax, , hand-delivery) on this decision must be filed within 45 days starting the day after the publication date of the legal notice of opportunity to object in the Vernal Express. The publication date is the exclusive means to calculate the timeframe. The reviewing officer is the Forest Supervisor. Objections must be sent to: Objection Reviewing Officer, Intermountain Region USFS, th Street, Ogden, Utah 84401; faxed to (801) ; or ed to: Electronic objections may be submitted in an message or in a.doc,.docx,.pdf,.txt,.rtf, or.html attachment. Please include the project name in the subject line. It is the responsibility of objectors to ensure their objection is received in a timely manner ( 218.9). Implementation Date As per 36 CFR , if no objection is received within the legal objection period, this decision may be signed and implemented on, but not before, the fifth business day following the close of the objection-filing period. If an objection is filed, this decision cannot be signed or implemented until the reviewing officer has responded in writing to all pending objections. Contact For additional information concerning this decision, contact Garry Brown, Rangeland Management Specialist. He can be reached by phone at (435) or at gdbrown@fs.fed.us. Rowdy Muir Date District Ranger Flaming Gorge-Vernal Ranger District

6 ATTACHMENT 1 Legal and General Location of Proposed Activities for the D2 Range Improvement Project Project Activity Black Canyon Allotment Legal Location (Salt Lake Meridian) Charley s Park pond development T2S R19E Sections 13, 14, & 24 Brush Creek Allotment Barker Pond development T2S R22E Section 08 McKee Spring pipeline extension Diamond Mountain Allotment T1S R22E Section 34; T2S R22E Sections 03, 04 & 10 Dry Fork Allotment Bills Park fence realignment and water improvements T2S R18E Section 36 Mosby Park fence realignment T2S R18E Section 26 Wootton Spring exclosure T3S R18E Section 01 T2S R18E Section 36 Bill s Park corral construction T2S R18E Section 36 Lake Mountain Allotment Sink Ridge spring development T2S R19E Section 20 Lena Peak Allotment Limestone spring exclosure and T1S R22E Sections 13, 14, & 23 water development Lonesome Park Allotment East Park/Kane Hollow drift fence installation Taylor Mountain Allotment T1S R21E Sections 02, 03 & 04 Big Park/Oaks Park division fence installation T1N R20E Sections 29 & 32; T1S R20E Sections 04, 05 & 08 George D Pond pipeline extension T2S R21E Sections 16, 21 & 22 Merkley Spring pipeline extension T2S R21E Sections 19 & 30 The Face division fence installation T2S R21E Sections 28, 29, & 33 The Face Pasture experimental exclosure installation T2S R21E Section 32

7 ATTACHMENT 2 Project Design Features Project design features are an integral part of the Proposed Action and serve to mitigate effects of activities on resource areas. The following design features would be applied during implementation. General (GE) GE-1 Construct/reconstruct troughs, fences, cattle guards, corrals, and pipelines according to USFS protocol, which includes: Place wildlife ramps in troughs Place floats in troughs Place valves on water lines that allow water to be turned off when not in use Space fence wire, from the ground level, at approximately 18 inches, 24 inches, 30 inches, and 42 inches up with a smooth bottom wire Construct fences, cattle guards, and corrals with natural or naturally-colored dark materials (e.g., wood and dark green steel posts) Place pipelines underground where possible and restore contours GE-2 Limit vegetation removal and clear vegetation in a way to limit the presence of unnatural lines. That is, soften edges of cleared work spaces by selectively removing vegetation toward the edges and rounding corners; limit removal of trees to only those within the direct path of a fence/pipeline, appear likely to fall on a fence, or are within the boundary of a proposed pond; use trees for administrative purposes where possible; cut stumps lower than 12 inches above the ground; and do not place cut trees in piles or lay parallel to the fences. GE-3 Limit soil disturbance, stockpile topsoil for use in site reclamation, properly compact fills to avoid erosion, install erosion control measures (e.g., waddles, straw bales) as necessary, and seed disturbed soil as necessary in a manner that optimizes plant establishment for that specific site in compliance with local direction and requirements per FSM 2070 and FSM 2080 for vegetation ecology and prevention and control of invasive species. GE-4 Use suitable measures to protect springs, wetlands, and streams during construction: Locate access and staging areas near the project site but outside of work area boundaries, streamside management zones, wetlands, and sensitive soil areas Design stream crossings by fencelines in consultation with a USFS soil scientist and/or hydrologist prior to construction, and rehabilitate as necessary Refuel and service equipment only in designated staging areas Minimize heavy equipment entry into/or crossing water as is practicable Consider using small, low-ground pressure equipment and/or hand labor where practicable Excavate head boxes by shovel and hand tools or small, low-ground pressure excavator Ensure all equipment operated in or adjacent to the waterbody is clean of aquatic invasive species as well as oil and grease

8 Avoid overland travel in wet meadows or riparian areas GE-5 Where possible, implement project activities when sites and access are dry GE-6 Remove all construction trash and excess debris from public lands and dispose of at a site approved by the USFS GE-7 Obtain authorization from the USFS for heavy equipment use (e.g., trenchers, crawler tractors); do not operate heavy equipment on slopes greater than 40 percent if the slope is longer than 100 feet long Botanical (BT) BT-1 Due to the proximity of documented clustered lady s slipper to project areas, conduct a pre-construction plant survey prior to implementation at the Big Park/Oaks Park Division Fence and East Park/Kane Hollow Drift Fence improvement locations to determine if any clustered lady s slipper may be affected. If clustered lady s slipper are found within the improvement locations, consult the Ashley National Forest botanist to identify appropriate mitigation, as needed, to avoid or protect clustered lady s slipper. Cultural Resources (CR) CR-1 Should cultural resources be identified during construction of any of the improvements, stop work at that location until a qualified archaeologist is consulted and appropriate mitigation is identified, as needed, to avoid/protect these sites. Noxious Weeds (NX) NX-1 Avoid noxious weed infestations to the extent possible. Where noxious weeds cannot be avoided, chemically treat populations prior to driving, walking, and/or riding through noxious weed infestation in accordance with the approved 1994 Ashley Noxious Weeds Environmental Assessment and the 2013 Ashley National Forest Noxious Weeds Management Supplemental Environmental Assessment. NX-2 Thoroughly clean all vehicles and construction equipment at a location off the Ashley National Forest prior to transporting them into the Project Area. NX-3 If used for rehabilitation purposes, only use certified noxious weed-free hay, straw, and mulch within the Project Area. NX-4 Monitor noxious weeds before and after implementation and treat, according to the district monitoring plan, if they become established. Recreation, Scenic, and Roadless (RR) RR-1 Where fences are constructed in publicly visible areas with a Visual Quality Objective of Retention, leave vegetation smaller than 24 inches in height in place. RR-2 Where feasible, place troughs, tanks, and solar panels in low areas or areas where they can be screened by vegetation and topography from roads and trails.

9 Wildlife (WL) WL-1 For all fences within 1.2 miles of an occupied greater sage-grouse (GRSG) lek, add reflectors or markers to reduce collision risk and, where possible, place the fence below the ridge line (GRSG-LG-GL-040-Guideline). WL-2 During the GRSG breeding and nesting season (March 1 June 15), avoid implementation activities at the following project locations: The Face Pasture Experimental Enclosures, Barker Ponds, Bills Park Corral, Bills Park Fence Realignment, George D. Pond Pipeline Extension, Limestone Spring Exclosure and Water Diversion, McKee Spring Pipeline Extension, Merkley Spring Pipeline Extension, The Face Division Fence, and Wootton Spring (GRSG-GEN-GL-007-Guideline). WL-3 Ensure all water developments will be beneficial to GRSG by implementing the following criteria described within the Greater Sage-grouse Record of Decision for Idaho and Southwest Montana, Nevada and Utah and Land Management Plan Amendments (Forest Service 2015) (GRSG-LG-ST-035-Standard): Install fences around springs to keep cattle out and improve GRSG habitat Change livestock distribution and timing based on data from grazing utilization monitoring to improve livestock distribution and minimize heavy use in concentration areas Install a functional flow valve that will shut off water to the trough at the spring and allow the water to flow naturally from the spring WL-4 Do not authorize new surface disturbing and disruptive activities that create noise at 10dB above ambient measured at the perimeter of an occupied GRSG lek during lekking (March 1 April 30) from 6 PM to 9 AM. Do not include noise resulting from human activities that have been authorized and initiated within the past 10 years in the ambient baseline measurement (GRSG-GEN-ST-006-Standard). WL-5 Conduct pre-construction nest surveys between February 15 and September 30. If a particular species is present, avoid project implementation during the nesting season for that species within the specified buffer area or implement other USFS biologist-recommended measures such as monitoring. Nesting Season: February 15 August 31 Golden eagle and prairie falcon 0.5-mile nest buffer Nesting Season: February 15 August 1 Boreal and flammulated owl 0.25-mile buffer Three-toed woodpecker, red-naped sapsucker, warbling vireo, song sparrow, Lincoln s sparrow, Brewer s sparrow, broad-tailed hummingbird, Cassin s finch, cordilleran flycatcher, fox sparrow, Lewis s woodpecker, loggerhead shrike, olive-sided flycatcher, sage sparrow, sage thrasher, Virginia s warbler, and Williamson s sapsucker 100-foot buffer Nesting Season: March 1 September 30 Northern goshawk 0.5-mile nest buffer

10 Nesting Season: March 15 July 31 Peregrine falcon 1-mile nest buffer WL-6 To mitigate deer and elk from getting tangled in barbed wire fence, follow the spacing guidelines outlined in the Fences 1999 Manual (Missoula Technology and Development Center, 1988) and add a top rail in areas with documented high deer and elk activity.

11 ATTACHMENT 3 Project Maps

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