INTRODUCTION DECISION

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1 DRAFT DECISION NOTICE & FINDING OF NO SIGNIFICANT IMPACT BIG SHEEP DIVIDE RANGELAND ANALYSIS U.S. FOREST SERVICE WALLOWA VALLEY RANGER DISTRICT WALLOWA COUNTY, OREGON INTRODUCTION An Environmental Assessment (EA) that documented the Big Sheep Divide (BSD) Project, a 46,600-acre planning area, located 16 miles east of Joseph, Oregon in Wallowa County and is within Wallowa Valley Ranger District on the Wallowa-Whitman National Forest, was published on March This draft Decision Notice (DN) documents the decision and rationale for the Big Sheep Divide Rangeland Analysis. The EA and draft DN are available on the Wallowa-Whitman National Forest web site: DECISION Based on the analysis described in the Environmental Assessment, resource reports in the project record, consultation with US Fish and Wildlife (USFW) and National Marine Fisheries Service (NFMS), and with close consideration of public input received through scoping, collaboration, and comments, it is my decision to implement Alternative 2: Modification of Current Livestock Grazing as the method of livestock management on the 4 allotments (Big Sheep, Bear Gulch, Divide and Carrol Creek) on National Forest System lands. The BSD EA and resource reports posted on the project website document the environmental analysis and conclusions upon which this decision is based. ALTERNATIVE 2: MODIFICATION OF CURRENT LIVESTOCK GRAZING The Forest Service proposes to continue to authorize livestock grazing on the four allotments in the BSD project area. The actions under Alternative 2 are similar to the current management, except for the changes specified below. The intent of Alternative 2 would be to increase the rate of recovery of a few locations where rangeland and aquatic conditions are not meeting desired conditions. Alternative 2 provides specific protections for threatened and sensitive plants, fish, wildlife and their habitat; continued management of invasive weeds; protections of heritage resources; and improved allotment administration through adjustments in pasture and allotment boundaries. Refer to the detailed description of Alternative 2 in the EA, section 2.2. including design features common to all allotments, mitigation measures, and monitoring. 1

2 Changes in Management by Allotment Bear Gulch Allotment: Develop a watering site in the Lower Bear Gulch pasture near Rattle Snake Spring. Development of this upland water site will increase cattle distribution within this pasture. Defer grazing in July, August, and September within the Dead Horse Ridge pasture 1 year out of 3 for management of Spalding s Catchfly. The Spalding s Catchfly population located on private land waived to the Forest Service for management within the Dead Horse Ridge pasture, may be managed with deferment or an enclosure. Change the measure for utilization within the Spalding s catchfly populations from 4 inch stubble height to 50% utilization of bluebunch wheat grass/ Idaho fescue and/or other mixed species, which is consistent with the Fish and Wildlife Services Recovery Plan for Spalding s Catchfly (2007). Phase out use of the pond (allow pond to fill in naturally with sediment) and remove the associated water trough in the Cook Flat area of the Dead Horse Ridge Pasture to decrease impacts to Spalding s Catchfly. Defer grazing in April, May, and June within the Dead Horse ridge and Clear Lake Ridge pastures 1 year out of 3 for management of Wallowa Needle Grass, a Region 6 Forest Service sensitive (R6 sensitive) botanical species. Change the measure for utilization within the Wallowa Needle Grass populations from 4 inch stubble height to 50% utilization of bluebunch wheat grass/ Idaho fescue and/or other mixed species. Establish two key areas to monitor utilization of both Spalding s Catchfly and Wallowa Needle Grass populations. Key area locations will be at Smith Flat (private land) within the waived private land, and Cook Flat (National Forest System lands) of the Dead Horse Ridge Pasture. Greenline (streambank edge) measures will be minimum stubble height of 6, maximum bank alteration of 20 %, and maximum shrub utilization of 40 % (required by NMFS BO, 10/17/17). 2

3 Big Sheep Allotment: Construct fences and develop livestock water on Dead Horse Ridge to reduce impacts to identified archeology sites. Defer grazing in July, August, and September within in the known patches of Spalding s Catchfly Timber Creek pasture. Cattle would be removed from the pasture when utilization standards have been met or by the off date. If deferment is not successful in removing grazing from the known patches of Spalding s Catchfly in this pasture, then an enclosure fence may be constructed. Change the measure for utilization within the Spalding s catchfly populations from 4 inch stubble height to 50% utilization of bluebunch wheat grass/ Idaho fescue and/or other mixed species, which is consistent with the Fish and Wildlife Services Recovery Plan for Spalding s Catchfly (2007). Establish a key area to monitor utilization of Spalding s Catchfly within the Timber Creek pasture. Change the measure for utilization within the Wallowa Needle Grass populations from 4 inch stubble height to 50% utilization of bluebunch wheat grass/ Idaho fescue and/or other mixed species. Greenline (streambank edge) measures will be minimum stubble height of 6, maximum bank alteration of 20 %, and maximum shrub utilization of 40 % (required by NMFS BO, 10/17/17). Carrol Creek Allotment: Adjust the current permitted dates, which include 3 periods from April 25th - May 20th, June 1st- July 31st, and November 1st- December 15 th, to the single time-span of April 25th to December 31st. Change the allotment boundary of the West Hillside pasture of Carrol Creek Allotment. The new boundary would result in a 36-acre reduction. This change corresponds with the allotment boundary change on Divide Allotment. Moving the boundary would make a continuous natural unit, which could be fenced with the private land boundary. Greenline (streambank edge) measures will be minimum stubble height of 6, maximum bank alteration of 20 %, and maximum shrub utilization of 40 % (required by NMFS BO, 10/17/17). Divide Allotment: Change the allotment boundary of Hepburn pasture. The new boundary would result in a 36-acre increase to the Hepburn pasture (coincident with the 36 acre reduction discussed above in the West Hillside pasture of Carrol Creek Allotment). 3

4 Develop an upland spring near Salt Creek in the Target Spring pasture to use as a livestock water source. Construct an enclosure fence of approximately 1.75 miles along Carrol Creek within the Divide Allotment. This identified part of the creek is critical habitat for spawning and rearing of steelhead. Re-align fencing at Target Spring to improve distribution of livestock and reduce impacts to known archeology resources. Construct a fence to establish North Target and South Target pastures. Greenline (streambank edge) measures will be minimum stubble height of 6, maximum bank alteration of 20 %, and maximum shrub utilization of 40 % in most of the allotment, excluding Target Spring Pasture when the only difference would be minimum stubble height of 8 (required by NMFS BO, 10/17/17). DECISION RATIONALE I selected Alternative 2 because it best meets the purpose and need of the project, while addressing issues raised by the public, permittees, and NMFS. This alternative results in improved grazing strategies in the few areas of concern to better meet or move toward Forest Plan and project-specific desired conditions. I carefully considered the comments received on this project through scoping and the comment period, and considered the importance of protecting resources in BSD project area, with the importance of maintaining opportunities for economically sustainable livestock operations and the historic use of the area. In making my decision, I also considered that there is a long history of livestock grazing in the Big Sheep Divide area, and grazing continues to be an important contribution to the economy and rural life style of Wallowa County. Grazing is recognized as a traditional and legitimate use of National Forest System lands, and Forest Service policy is to make forage available to qualified livestock operators on lands suitable for grazing. The Big Sheep Divide rangelands are generally productive and resilient, and the majority of the rangeland and aquatic resources are in good condition. Monitoring of soils, plants, and riparian resources indicate an overall improving trend (refer to the Aquatics, Hydrology and Rangeland Reports, project file). However, I also recognize that grazing can have impacts on sensitive resources. Mitigation measures and specific design features can greatly reduce those impacts. Alternative 2 proposes a number of mitigation measures and specific design feature that have been shown to reduce impacts to the types of sensitive resources found within the project area. The permittees have worked closely with the Forest Service to develop a grazing strategy that could further reduce potential impacts on sensitive resources, while still maintaining a viable grazing operation across the four allotments. 4

5 ALTERNATIVE 2 ADDRESSES THE ISSUES RAISED Issue 1: Invasive Weeds The project area contains 10 different invasive weed species, in 53 known sites, totaling 918 currently infested acres. These identified infestations occur in three of the four allotments. Comments were received requesting the Forest Service prevent and mitigate the spread of invasive weed species. Design criteria for alternative 2 will assist in control of invasive weeds through rangeland administration activities. This includes early identification of new infestation sites, treatment at known sites, and implementation of the Wallowa-Whitman National Forest Invasive Plants Treatment Project Environmental Impact Statement This strategy provides a systematic approach to invasive weed treatment using chemical, biological, and mechanical means of weed control for the project area. Issue 2: Threatened Fish Species Snake River Steelhead, Snake River Spring/Summer Chinook Salmon, and Columbia River Bull Trout are all listed as threatened fish species under the Endangered Species Act and have been documented in the project area. Comments were received requesting the consideration of grazing impacts to habitat for listed fish species. Design criteria proposed for alternative 2 to protect aquatic resources that influence fish species includes timing limitations of grazing, additional fence line (to move cattle away from stream crossing), and strategic salt block and placement of water developments (to modify cattle movement). These design features will assist in increasing streambank stability, decreasing water temperatures, and increasing vegetation along banks, and will help mitigate impacts to listed fish species. Issue 3: Threatened Plant Species Spalding s Catchfly is listed as threatened species and has been documented in the project area. Comments were received requesting the consideration of grazing impacts to Spalding s Catchfly and the incorporation of the Fish and Wildlife Services Recovery Plan for this species. Design Criteria proposed for alternative 2 to protect Spalding s Catchfly includes fencing known Catchfly areas, timing limitations of grazing within pastures, discontinued use of a water source, changes in forage utilization, and monitoring in key locations. These items are consistent with the guidance found in the Fish and Wildlife Services Recovery Plan for Spalding s Catchfly (2007). PUBLIC INVOLVEMENT & TRIBAL CONSULTATION The Big Sheep Divide project has been listed on the Wallowa-Whitman National Forest Schedule of Proposed Actions (SOPA) beginning in November 2014 and in subsequent quarterly SOPAs. 5

6 The SOPA is available on the forest website at: A scoping notice was published in the Wallowa County Chieftain (the newspaper of record) on December 3, 2014, initiating a 30-day scoping period. Scoping letters were sent to approximately 80 individuals, groups, federal and state agencies at the same time the scoping notice was published. 12 comments were received in response. The project was also reviewed regularly with the Wallowa County Natural Resources Advisory Committee at their monthly meetings. A 30-day public comment period for the Big Sheep Divide project draft Environmental Assessment began on March 23, 2016, with publication of a legal notice in the Wallowa County Chieftain. The draft environmental assessment was made available on the Wallowa-Whitman National Forest website at Letters to inform potentially interested members of the public of the comment period were sent to approximately 100 individuals or organizations, including directions to the Forest s website for more information. Nine comments were received before the 30-day comment period ended. All comments received were closely considered, and helped focus and clarify the analysis. Table 1 displays the types of comments received, and where in the record they have been addressed. Table 1. Public Comments Comment topic Botany including listed species of Spalding's catchfly and Wallowa needle grass, and invasive weeds Wildlife including wolves and elk Aquatics, Fish and Water including 303d listed streams Rangeland resources including soils and native plants Heritage resources including completing consultation with Tribes and SHPO Complete analysis and documentation in an EIS Where addressed EA (sec 1.4, 3.2, 3.4), Botany BA (04/17) and BO (12/17), and reports for botany and invasive weeds EA (sec 1.4, 3.3), and wildlife report EA (sec 1.4, 3.1), Aquatics BA for USF&W (8/16), USF&W BO (12/16), Aquatics BA for NMFS (6/17) and NFMS BO (10/17), and Hydrology report EA (sec 3.5) and rangeland resources report EA (sec 3.6) and letters to Nez Perce and Confederated Tribes of Umatilla, and Oregon SHPO (12/16) Finding of No Significant Impact Allotment Management including improvements like fences and water developments Addressed directly with interested permittees during routine range administration discussions. 6

7 Outside scope several requests for additional analysis that was outside the scope of the project Scope of Project is addressed in the EA under purpose and need (sec 1.2) TRIBAL GOVERNMENT CONSULTATION Tribal government consultation with the Nez Perce Tribe and the Confederated Tribes of the Umatilla Indian Reservation was conducted under the terms of specific agreements with individual tribes and includes regular contact and meetings as appropriate. Individual letters providing details of the proposed action were mailed to tribal leaders for each tribe on December 3, 2014 and letters providing details with regard to the draft environmental assessment were mailed to tribal leaders on March 23, A copy of the Cultural Resource Survey of the Big Sheep Divide Range Analysis Project in the Wallowa-Whitman National Forest, was sent to tribal leaders for their review and consultation on December 8, No comments were received. This project has been reviewed and approved by the State Historical Preservation Officer (SHPO) (01/10/17). FINDING OF NO SIGNIFICANT IMPACT The Forest Service is responsible for evaluating the effects of the project relative to the definition of significance established by the CEQ Regulations (40 CFR ). The determination from this review is that the Big Sheep Divide project will not have a significant effect on the quality of the human environment. As a result, an environmental impact statement will not be prepared. The rationale for this finding is as follows: CONTEXT For the selected actions, the context of the environmental effects is based on the environmental analysis in the EA and resource reports. The setting of this action is limited to the Wallowa County, and specifically the Big Sheep Divide project area. This decision is consistent with similar activities implemented in the past by the Wallowa- Whitman National Forest, which lead toward achieving the goals, objectives, and requirements in the Forest Plan, while meeting the purpose and need of the EA. The project is a site-specific action that does not have international, national, regional, or state-wide importance. The physical and biological effects of the selected actions were analyzed at appropriate scales. In a local context, my decision would not pose significant short- or long-term effects. The proposal's relatively small scale limits its effects on the natural resource values and uses. Design and mitigation measures (EA at 2.2) included in my decision will minimize and avoid adverse impacts. 7

8 INTENSITY Intensity is a measure of the severity, extent, or quantity of effects, and is based on information from the effects analysis of this EA and the references in the project record. The effects of this project have been appropriately and thoroughly considered with an analysis that is responsive to concerns raised by the public. The percent of the project area that is demonstrating undesirable resource impacts is small, 5-10% of the rangelands, and 5% or less of riparian areas, (EA at 1.2, and reports on hydrology, aquatics and rangeland resources). The agency has taken a hard look at the environmental effects using relevant scientific information and knowledge of site-specific conditions gained from field visits. My finding of no significant impact is based on the context of the project and intensity of effects using the 10 factors identified in 40 CFR (b). 1. Impacts that may be both beneficial and adverse. A significant effect may exist even if the Federal agency believes that on balance the effect will be beneficial. The interdisciplinary team analyzed the direct, indirect, and cumulative effects of the proposed action on biological, physical, and cultural resources in the BSD area. Based on concerns expressed by the public and resource specialists, particular attention was paid to effects on threatened fish and plant species, and invasive weeds. While the analyses documented in the EA (section 3.0) and resource reports state that some direct, indirect, and cumulative effects may occur in the short term in the context of the analysis area, the design features (EA at 2.2) are intended to assure that even short-term impacts to these resources will not be significant (EA at 3.0 and reports for hydrology, aquatics, botany, rangeland resources, wildlife, invasive weeds and heritage). These analyses contribute to my understanding of the effects of the alternatives and confirm that there will be no significant impacts to those resources. 2. The degree to which the proposed action affects public health or safety. This type of action has been authorized many times on the Forest with little to no impact to public health and safety. There are no circumstances or conditions associated with my selected action to indicate there would be unusual or substantial risks to public health and safety. It was not a concern in public comments, and it did not become an issue in the analysis. 3. Unique characteristics of the geographic area such as the proximity to historical or cultural resources, parklands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. The analysis area does not include parklands, prime farmlands, wild and scenic rivers, or ecologically critical areas. Therefore there would be no effects to these areas. 4. The degree to which the effects on the quality of the human environment are likely to be highly controversial. Rangeland management activities have occurred in similar conditions in the past on the Wallowa-Whitman National Forest and the effects are well known, and are documented in the 8

9 EA (section 3.0) and the resource reports. The effects on the quality of the human environment are not likely to be highly controversial. Internal and public scoping identified no scientific controversy over the impacts of the project. Data from past projects and research informed implementation of the proposed action, and monitoring will ensure that proposed treatments produce the desired outcomes. 5. The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. The effects analyses documented in the EA (section 3.0) and in resource reports in the project record incorporated accepted techniques and methods, the best available scientific literature, reliable data, field review, and the judgment of qualified professional resource specialists. Neither these analyses nor public comments identified highly uncertain effects or unique or unknown risks associated with the alternatives. 6. The degree to which the action may establish precedent for future actions with significant effects or represents a decision in principle about a future consideration. The grazing and rangeland improvement activities associated with the BSD project are similar to many grazing allotment management efforts across the Wallowa-Whitman National Forest and will continue to be implemented by the Forest Service for range management on National Forest System lands. The activities are within the scope of the Forest Plan and are not expected to establish a precedent for future actions. 7. Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. Significance exists if it is reasonable to anticipate a cumulatively significant impact on the environment. Significance cannot be avoided by terming an action temporary or by breaking it down into small component parts. The analysis completed for the EA demonstrates that there are no significant cumulative effects on the environment, either when combined with the effects created by past and reasonably foreseeable future projects or the effects from natural changes taking place in the environment (EA section 3.0). 8. The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or may cause loss or destruction of significant scientific, cultural, or historical resources. The Forest Service inventories, assesses, and documents effects to historic properties in accordance with the Oregon State Historic Preservation Officer. Standard avoidance procedures will be used to ensure sites that are eligible for, or listed on, the National Register of Historic Places will not be impacted by project activities. If an eligible site cannot be avoided, the Forest Service, in consultation with the Oregon State Historic Preservation Officer, will develop site- 9

10 specific mitigation measures to avoid adversely affecting the historic property. Design Features have been incorporated into project design to protect heritage resources (EA section 2.2 and 3.6) 9. The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of A biological assessment was submitted to USFW and NMFS for ESA-listed fish species and their critical habitat on October 31, The Forest received a letter of concurrence from USFW on December 22, The USFW concurred that the proposed activities may affect, but are not likely to adversely affect designated critical habitat for bull trout. NMFS requested modifications to the proposed action to incorporate additional monitoring. The Wallowa-Whitman National Forest submitted a supplemental biological assessment for steelhead and spring Chinook salmon to NMFS on June 27, The Forest received a letter of nonconcurrence from NMFS on July 24, 2017, and then a biological opinion from NMFS on October 17, The NMFS biological opinion concluded that the proposed activities may affect, are likely to adversely affect steelhead and spring Chinook salmon and their critical habitat. The Forest incorporated terms and conditions from the NMFS biological opinion into the alternatives for the final BSD EA. A biological assessment was submitted to USFW for ESA-listed plants on October 31, The Forest received a biological opinion from USFW on December 22, The USFWS biological opinion concluded that the proposed activities may affect, are will likely to adversely affect Spalding s catchfly. Biological opinions for ESA-listed plant species do not contain terms and conditions. The Forest incorporated conservation recommendations from the USFW BO into the alternatives for the final BSD EA. 10. Whether the action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment. Alternative 2 of the BSD project complies with Federal, State, and local laws and requirements imposed for the protection of the environment. These include the Clean water Act, Wetlands and Floodplains Executive Orders, the Endangered Species Act, The National Historic Preservation Act, the National Environmental Policy Act, and the National Forest Management Act. The alternatives comply with all Forest Plan desired conditions, objectives, standards, and guidelines. FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS This decision is consistent with the Wallowa-Whitman National Forest Land Management Plan. The project was designed in conformance with the Forest Plan direction and incorporates appropriate Forest Plan standards and guidelines. The proposal includes monitoring to ensure the project is implemented as proposed. This decision also complies with the procedural requirements of the National Environmental Policy Act of 1969, as amended. 10

11 The alternatives are consistent with the Endangered Species Act. Biological evaluations and the biological assessment have been completed for all threatened and sensitive plants, aquatic species, and terrestrial wildlife. Biological evaluations and assessments are located in the project record posted on the project website for the BSD project (EA at 3.1). To comply with the National Historic Preservation Act (NHPA) of 1966, the Forest Service is required to inventory for and assess effects to historic properties for all areas potentially affected by the project activities. Oregon State SHPO concurred with this project s findings (January 10, 2017). Implementation of this project is not anticipated to cause disproportionate adverse human health or environmental effect to minority or low-income populations (Executive Order on Environmental Justice). Implementation of this project is anticipated to benefit human health or environmental effects to low-income populations in Wallowa County and northeast Oregon. Rural communities in eastern Oregon, such as Wallowa County, are underserved populations. The Big Sheep Divide project can contribute economic inputs into the local economy through support of rural ranching businesses. This project is consistent with the Clean Water Act and Forest Service responsibilities under the Clean Water Act and would not measurably increase watershed impacts, including stream temperature, over the existing condition (EA at 1.2 and 3.1, Hydrology report, and Aquatics BE and BA). The Multiple Use-Sustained Yield Act of 1960 authorizes and directs the Secretary of Agriculture to develop and administer the renewable resources of timber, range, and water, recreation and wildlife on the national forests for multiple use and sustained yield of the products and services. The project meets the intent of the Multiple Use-Sustained Yield Act by providing livestock grazing and rangeland resources from the National Forest without impairment of the productivity of the land. Proposed management of the lands in the project area are consistent of the goals and objectives of the Wallowa-Whitman National Forest Plan and would continue to provide for the needs of the American people to enjoy multiple uses associated with water resources, recreation, and wildlife. The project also complies with the Rescission Act of ADMINISTRATIVE REVIEW Only individuals or organizations that submitted specific written comments during a designated opportunity for public participation (scoping or the 30-day public comment period) may object (36 CFR 218.5). Notices of objection must meet the requirements of 36 CFR 218.8(d); incorporation of documents by reference is permitted only as provided for at 36 CFR 218.8(b). Objections may be mailed to: Forest Supervisor Tom Montoya, Objection Reviewing Officer, Wallowa-Whitman National Forest Headquarters, Attn. Objections, 1550 Dewey Ave, Suite A, Baker City, OR Objections delivered by mail must be received before the close of the 11

12 fifth business day after the objection filing period. For ed objections, please to: Please put OBJECTION and the project name in the subject line. Electronic objections must be submitted as part of an actual message, or as an attachment in Microsoft Word (.doc), rich text format (.rtf), or portable document format (.pdf) only. For electronically mailed objections, the sender should normally receive an automated electronic acknowledgement from the agency as confirmation of receipt. If the sender does not receive an automated acknowledgement of the receipt of the objection, it is the sender s responsibility to ensure timely receipt by other means. Objections may also be hand delivered to the Wallowa-Whitman NF Headquarters, 1550 Dewey Avenue, Baker City, Oregon between 7:45 AM and 4:30 PM, Monday through Friday except legal holidays. Objections may also be faxed to: Forest Supervisor Montoya, Attn: Objections at (541) Objections must be postmarked or received by the Reviewing Officer, within 45 days from the date of publication of notice of the objection in The Chieftain, Wallowa County, OR. The publication date is the exclusive means for calculating the time to file an objection. Those wishing to file an objection should not rely upon dates or timeframe information provided by any other source. Issues raised in objections must be based on previously submitted specific written comments regarding the proposed project or activity and attributed to the objector, unless the issue is based on new information that arose after the opportunities for comment. The burden is on the objector to demonstrate compliance with this requirement for objection issues. IMPLEMENTATION DATE This project will be implemented in the spring of CONTACT For further information about the Big Sheep Divide Rangeland Analysis Environmental Assessment, this Decision Notice, or the administrative review process, contact Kris Stein, District Ranger, Wallowa Mountains Office, PO Box 905, Joseph, OR or at (541) UNSIGNED November 22, Kris Stein Date District Ranger Wallowa Valley Ranger District 12