DECISION MEMO. Crow Creek Hardened Crossing

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1 Page 1 of 5 DECISION MEMO USDA Forest Service Madison Ranger District Madison County T12S, R4W in Section 35 Background A perennial cattle crossing on Crow Creek in in the Gravelly Landscape in the Centennial Foothills Management Area in an allotment, adjacent to the fence on the BDNF boundary on Crow Creek was increasing sediment in the stream because the banks had become soft and swampy with use. Decision I have decided to authorize a project that will harden the stream crossing by lowering the banks at the crossing to a 1:4 grade, stabilize soil on the approaches by spreading cobble and gravel suitable for livestock and installing a jackleg fence on one side to restrict livestock movement in the creek. Mitigation and Design Features Required by This Decision: Aquatics The aquatic resource specialist will accompany range staff during implementation to insure the crossing compliments stream morphology and to help mitigate potential effects to the sensitive western toad and wild trout from equipment in the streambed and riparian area. The project will take place in late summer to early fall to insure westslope and Yellowstone cutthroat trout fry have emerged prior to construction. A 124 Stream Protection Act permit from MTFWP will be acquired for this action. Heritage Formal Section 106 consultation report documenting this undertaking will be completed before implementation in The South Zone Archaeologist should be notified if any historic or prehistoric cultural resources are identified during the course of project implementation.

2 Page 2 of 5 Soils Construction of the crossing would occur when soils are dry to avoid compaction due to machinery driving in areas not immediately affected by the crossing. Noxious Weeds Noxious weeds will be controlled following procedures in the Noxious Weed Control Program ROD (2002) for the. Wildlife Protect all migratory and non-migratory bird nests within project areas. If raptor nests are observed in the project areas, notify Wildlife Biologist. If threatened or sensitive species are observed at or within ½ mile of the project area, notify the Wildlife Biologist within 24 hours. Reasons for Categorically Excluding the Proposed Action An action may be categorically excluded from further analysis and documentation in an environmental impact statement (EIS) or environmental assessment (EA) if it is within one of the categories identified by the USDA in 7 CFR part 1b.3 or 7 CFR part 1b.3 or 36 CFR 220.6(d) or (e), and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. This project has been reviewed in accordance with FSH Chapter 30. I have determined the project fits the following category: 36 CFR 220.6(e)(7): Modification or maintenance of stream or lake aquatic habitat improvement structures using native materials or normal practices. My decision is based on a review of the project record that shows a thorough review of relevant scientific information, a consideration of responsible opposing views, and the acknowledgement of incomplete or unavailable information. The record includes the following resource specialist reports: Biological Assessments and Evaluations for Aquatics, Botany, and Wildlife Tribal and Heritage Resource findings Soils Report Hydrology Report Recreation Report Scenery Report By definition, categorical exclusions do not individually or cumulatively have significant effects on the human environment (40 CFR ). Resource specialists considered direct and indirect effects from the proposed action coupled with past, present, and reasonably foreseeable actions. I have examined the proposed action and the effects analyses disclosed in the resource specialist reports listed above and have concluded that without notable individual effects from the proposed action, there would be no discernable cumulative effects. The interdisciplinary team reviewed the resource conditions listed in FSH Chapter 30 (31.2) and other concerns applicable to this project to determine whether any extraordinary circumstances exist. The mere presence of one or more of the resource conditions listed below does not preclude the use of a categorical exclusion. It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of potential effect of a proposed action on these resource conditions that determine whether extraordinary circumstances exist.

3 Page 3 of 5 The resource specialist reports have provided the necessary information to make a determination on the causeeffect relationship between the proposed action and the potential effect on the resource conditions listed below and thus the presence of extraordinary circumstances, as summarized below: RESOURCE CONDITION Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. Floodplains, wetlands, or municipal watersheds Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas. Inventoried Roadless Areas Research Natural Areas POTENTIAL EFFECT Threatened or Endangered Species: There would be no effect to the threatened grizzly bear. Sensitive Aquatic Species: No Impact to western toad, westslope cutthroat trout, or Yellowstone cutthroat trout. No Impact to all other sensitive terrestrial, aquatic, and plant species. There is no municipal watershed in the area therefor negative impacts are not predicted. Short term erosion may contribute sediment to the stream but will be far outweighed by long term benefit No congressionally designated areas occur in or near the project; therefore no negative impacts to any congressionally designated areas are projected. The project is not in an IRA, therefore there will be no effect to an IRA. There are no research natural areas within the project area. Therefore, no negative impacts to any research natural areas are projected. American Indians and Alaska Native religious or cultural sites. Archaeological sites, or historic properties or areas. In compliance with the Region 1 Programmatic Agreement between the Forest Service and the Montana State Historic Preservation Officer a formal Section 106 consultation report documenting this undertaking will be completed before implementation in A categorical exclusion is appropriate in this situation because the proposed action fits within the category described above and there are no extraordinary circumstances present. Scoping and Public Involvement The project was published on the SOPA in March 2012 and provided to 72 interested members of the public and other agencies for comment during initial scoping period on March 8, 2012 to April 6, The Region 3 Supervisor for Montana Fish, Wildlife, and Parks wrote to express support for hardened crossings. The project was then posted for a 30 day comment period from April 30 to May 29, No comments were received. The full content of all correspondence is available upon request. Forest Plan Direction The National Forest Management Act (NFMA) requires the development of long-range land and resource management plans. The Plan was approved in 2009 and provides

4 Page 4 of 5 guidance for all natural resource management activities on the. NFMA also requires that all projects and activities be consistent with the plans. The decision is consistent with Forest Plan direction including all applicable standards. Forestwide Goals for Aquatic Resources: Stream Channels: Stream channel attributes and processes are maintained and restored to sustain natural desired riparian, wetland, and aquatic habitats and keep sediment regimes as close as possible to those with which riparian and aquatic ecosystems developed (IN 2), (FP pg. 13). Riparian Habitat: Habitat to support viable, well distributed populations of native and desired non-native plant, invertebrate, and vertebrate aquatic- and riparian-dependent species are maintained or restored. Movement corridors within and between watersheds, where desired, are maintained or restored to provide aquaticdependent species habitat needs and maintenance of metapopulations (IN 8). Riparian and aquatic habitats necessary to foster the unique genetic fish stocks that evolved within the specific geo-climatic region are maintained or restored (IN 7) (FP pg. 14). Channel Integrity: Stream channel function and water quality are maintained or restored to support designated beneficial uses on all reaches through management decisions, restoration projects or Best Management Practices as outlined in the Soil & Water Conservation Practices Handbook (FP pg. 14). Stream Crossings: Culverts, bridges, and other stream crossings can accommodate a 100-year flood, including associated bedload and debris (RF 4), (FP pg. 16). Findings Required by Law National Forest Management Act - The Land and Resource Management Plan (Forest Plan) was approved in 2009, as required by this Act. The Forest Plan has been reviewed in consideration of this project and the project meets all applicable management direction found in the 2009 Beaverhead-Deerlodge Forest Plan including consistency with all applicable standards. On April 9, 2012 the Department of Agriculture issued a final planning rule for National Forest System land management planning (2012 Rule) 77 FR 68 [ ]). None of the requirements of the 2012 Rule apply to projects and activities on the, as the 2009 Beaverhead-Deerlodge Forest Plan was developed under a prior planning rule (36 CFR (c)). Furthermore, the 2012 Rule explains, [The 2012 Rule] supersedes any prior planning regulation. No obligations remain from any prior planning regulation, except those that are specifically included in a unit s existing plan. Existing plans will remain in effect until revised (36 CFR ). Endangered Species Act - See the Reasons for Categorically Excluding the Proposed Action Section of this document for a summary of the effects of this project to Endangered, Threatened, or Candidate Species. The summary is based on a more thorough analysis available in the project record. This project is consistent with the requirements of the Endangered Species Act. Sensitive Species (Forest Service Manual 2670) - This direction requires analysis of potential impacts to sensitive species and the Regional Forester approved the sensitive species list on January 4, Our review of the potential effects of this decision upon the sensitive species has been completed and the analysis documented in the project file and Resource Condition Table above. Environmental Justice (Executive Order 12898) - This Order requires consideration of whether projects would disproportionately affect minority or low-income populations in or around the project area. Based on internal

5 Page 5 of 5 review and public scoping, the proposed action did not identify any adversely impacted local minority or lowincome populations. Clean Water Act The intent of the Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Best Management Practices (BMPs). This decision incorporates Best Management Practices to ensure protection of soil and water resources and complies with the Clean Water Act and State water quality standards. Clean Air Act Under this Act, areas of the country were designated as Class I, II or III airsheds for Prevention of Significant Deterioration purposes. There will be no air quality impacts as a result of this decision. The National Historic Preservation Act As discussed earlier in this document and in detail in the project file, impacts to cultural resources are not expected. Migratory Bird Treaty Act There will be no known substantial losses of migratory bird habitat expected from the implementation of this proposal. National Environmental Policy Act - This Act requires public involvement and consideration of potential environmental effects. This document and the project record provide documentation for this decision which supports compliance with this Act (See Section II of this document). Other Laws or Requirements The proposed action is consistent with all other Federal, State, and/or local laws or requirements. Administrative Review or Appeal Opportunities This decision is not subject to appeal pursuant to 36 CFR 215. Implementation Date Consistent with 36 CFR 215, implementation may begin immediately but may begin in the spring of Contact Person Supporting documentation for this decision is available for public review at the Madison Ranger District, 5 Forest Service Road, Ennis, MT Further information about the decision can be obtained from the Madison Ranger Station during normal office hours (weekdays, 8:00 a.m. to 4:30 p.m.) at 5 Forest Service Road, Ennis, MT 59729, Telephone (406) / FAX (406) , or by to me, Ken Harris at kenharris@fs.fed.us. Responsible Official Ken Harris January 13, 2014 Ken Harris District Ranger Madison Ranger District Date