BACKGROUND DECISION. June 2016 Page 1 of 6

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1 BACKGROUND DECISION MEMO HOUSE ROCK WILDLIFE AREA PASTURE FENCE USDA FOREST SERVICE, SOUTHWEST REGION (R3) KAIBAB NATIONAL FOREST - NORTH KAIBAB RANGER DISTRICT COCONINO COUNTY, ARIZONA The Kaibab National Forest (KNF) North Kaibab Ranger District (NKRD) has accepted a request from Arizona Game and Fish Department (AZG&FD) to make a large holding pasture (3600 acres) by rebuilding approximately 2.6 miles of old fence line that runs north-south and extending an existing east-west fence 0.3 miles. The fences are located within the AZG&FD managed House Rock Wildlife Area (HRWA). The AZG&FD and KNF NKRD have been working to return bison to House Rock Wildlife Area. In an effort to manage bison movement AZG&FD wants to rebuild an existing holding pasture on FS lands within the HRWA. There are not enough posts to determine where the old fence runs, so this project is being treated as a new fence. The fence will be 5-strand and 50- inches tall, per wildlife guidelines the top and bottom wires will be barbless, the two middle wires of the fence are barbed. Finished wire spacing will be at inches from ground level. Four 5-foot wooden stays will be installed between each fence-line post and the wooden stays will extend above the top wire. Locations: The fence(s) will be located north-northwest and east of the HRWA headquarters building. An approximate legal description (of section numbers through which the fencelines pass through) is as follows: North Kaibab Ranger District (Coconino County, Arizona) [Sections 22, 27, 34 and 36, T. 36 N., R. 4 E., of the Gila & Salt River Baseline & Meridian.] Between December of 2015 and January 2016, the NKRD conducted internal and externals scoping for the proposed pasture fencelines. Comments concerning the project were evaluated by Kaibab National Forest staff, prior to the drafting and finalization of this decision document. DECISION I have decided to approve implementation of the House Rock Wildlife Area Pasture Fence. This project is in cooperation with the AZGFD and is a means to achieve the management goals and objectives specified in the Arizona's State Wildlife Action Plan and the Land and Resource Management Plan for the Kaibab National Forest ( Forest Plan - February 2014). A need has been established to maintain and manage a bison population within the House Rock Wildlife Area; this project will support that effort. Rationale for CE: I have concluded that this project is categorically excluded (i.e., a CE) from documentation in an environmental assessment (EA) or an environmental impact statement (EIS), in that there are no extraordinary circumstances that would preclude use of the category. The applicable category of actions is identified in agency procedures as Forest Service Handbook (FSH) , section 32.2 (6), also cited as category 36 CFR 220.6(e)(9): (9) June 2016 Page 1 of 6

2 Implementation or modification of minor management practices to improve allotment condition or animal distribution when an allotment management plan is not yet in place. Examples include but are not limited to: (i) Rebuilding a fence to improve animal distribution. The rational for use of this category of action and its applicability to the project is because the activity will be used to manage bison distribution across the landscape and within the House Rock Wildlife Area. Findings Regarding Extraordinary Circumstances: Based upon internal scoping by a team of Forest Service (FS) resource specialists, and comments received and evaluated from the project s public scoping effort, I find that there are no extraordinary circumstances that would preclude use of the category 36 CFR 220.6(e)(9) or warrant further analysis and documentation in an EA or EIS. I took into account resource conditions as identified in agency procedures/plans and as evaluated/reviewed by an inter-disciplinary team of FS resource specialists, which must be considered in determining whether extraordinary circumstances exist: The degree of effect to Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or FS sensitive species is not a concern because there will be no effect to those species. No flood plains, wetlands, or municipal watersheds are present at the sites within the project area, thus there is no effect. No congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas are present at the sites, therefore it is certain that the degree of possible effect is absent and therefore not significant. No inventoried roadless areas or potential wilderness areas are present thus there is no effect. No research natural areas are present at or within the project area, thus there is no effect. No American Indians religious or cultural sites are present at the sites, therefore it is certain that the degree of possible effect is absent and therefore not significant. A cultural resource survey and State Historic Preservation Office concurrence were completed and Tribal consultation was conducted (see section 106 clearance memo from Margaret Hangan, KNF Heritage Resource Program Manager, dated June 14, 2016 within project record). Two prehistoric sites were detected, placement of the fence line was redesigned to avoid affecting sites and the following mitigation measures have been included: AGFD official are instructed to contact North Kaibab archaeologists prior to commencing project construction activities; An archaeologist will monitor installation should the placement of a more substantial post be required within the interior of the site. Therefore it is certain that the degree of possible effect is absent and therefore not significant. A cultural resource survey and State Historic Preservation Office concurrence were completed and Tribal consultation was conducted (see section 106 clearance memo from Margaret Hangan, KNF Heritage Resource Program Manager, dated June 14, 2016 within project record). June 2016 Page 2 of 6

3 DESIGN FEATURES & MITIGATION MEASURES Standard design features, including any required design criteria, mitigation measures and/or best management practices (BMPs) regarding conservation measures will be implemented as needed for any field activities which may potentially affect resources. PUBLIC INVOLVEMENT The public, as well as other agencies and stakeholders were initially informed about this project through the U.S. Forest Service s Schedule of Proposed Action (SOPA) planning website at: The initial SOPA posting was on April 1, Due to the limited nature of disturbance and the low complexity of the project and its related activities, it was determined that scoping for the project would be that of a normal CE. Scoping was conducted by the FS through the traditional comment solicitation methods. The NKRD sent out a scoping letter and packet regarding notice and acceptance of public comments on December 15, 2015 to approximately 133 members of the public and stakeholders. Additionally electronic copies were posted on the FS projects website at the following web address: ( These processes ensured that members of the public and interested parties were notified in a timely manner about the proposed project; the public scoping and comment period ended January 14, It was anticipated that public scoping would not raise any key issues. Two comment letters were received during the 30-day public review/comment period for the House Rock Wildlfie Area Pasture Fence Project CE. One comment letter was in support of the project, while the other letter from Fish and Wildlife Service (FWS) raised issues or concerns. The FS reviewed and evaluated both letters and their related comments and responded to the FWS in a letter dated February 3, 2016, hereby incorporated by reference, which is part of the project record. Based on this review and evaluation of scoping comments, the FS determined that there were no significant issues as they relate to the proposed action. Thus, per 36 CFR 220(6)(e)(9), the proposed action is categorically excluded from further environmental analysis in either an EA or EIS. However, per FSH , 32.2, a supporting record is required and the decision to proceed must be documented in a decision memo (i.e., this document). A project case file is required and will be maintained for this Decision Memo. The project or case file should contain the supporting documents, references, and/or record. As a minimum, the project or case file should include any records prepared, such as: the names of interested and affected people, groups, and agencies contacted; the determination that no extraordinary circumstances exist / a copy of the decision memo; and a list of the people notified of the decision. The project case file will be maintained and will be available for review at the NKRD office located in Fredonia, AZ. FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS The proposed project, its related activities, and this decision are consistent with the management direction in the Forest Plan (February 2014). This project was designed in conformance with land management plan direction relevant to project activities. The project was also found to be consistent with the Endangered Species Act, the Grand Canyon Game Preserve Act, and other applicable state and federal, laws, rules, and regulations. The potential effects of the proposed June 2016 Page 3 of 6

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5 USDA Equal Opportunity Public Notification Policy (2015) 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. Printed on recycled paper June 2016 June 2016 Page 5 of 6

6 Attachment 1 Figure 1. House Rock Wildlife Area Pasture Fence project site location. June 2016 Page 6 of 6