Page 1 of 7 Background DECISION MEMO USDA Forest Service Butte Ranger District Silver Bow County, Montana T. 2 N., R. 9 W., Section 32 The North Fork of Divide Creek is approximately 4 miles west of the Fleecer Exit on I-15 in the Upper Clark Fork Landscape in the Northeast Fleecer Management Area. It is a tributary to the Big Hole River north of Divide, MT and the upper reaches harbor a non-hybridized population of westslope cutthroat trout (WCT). Decision I have decided to approve the Divide Creek barrier enhancement project. We will raise the height of the existing natural falls pictured below so the drop is increased to about 5 feet. This site is located in the S ½ S ½, Section 32, T2N, R9W, in Silver Bow County at a narrow, confined reach of the North Fork of Divide Creek. The work will be completed in 1-2 days using an excavator to move onsite material to enhance a natural partial barrier by increasing the height of the falls so they drop approximately 5 feet. In addition, we will minimize the jump pool below the falls making it even more difficult for brook trout to jump over the falls. We will use rocks and natural material adjacent to the site to accomplish the enhancement. The footprint of disturbance will extend approximately 100 feet above the barrier site and 200 feet below the barrier site and utilize rocks and natural material adjacent to the site. Some clearing may be needed to get an excavator from the road to the site as there are thick willows along the stream. Approach distances will be limited to the closest available location that is within 200 feet downstream of the barrier location. To determine effectiveness, biologists will capture brook trout upstream of the structure, permanently mark the fish by removing their adipose fin, and transport them downstream below the structure. Subsequent electrofishing upstream from the structure over a period of one to two years will reveal whether the structure successfully precludes fish passage.
Page 2 of 7 Figure 1. Enhancement project site on North Fork of Divide Creek with 5-gallon bucket for scale. Mitigation and Design Features Required by This Decision: Heritage Resources: If cultural resource sites or artifacts are discovered during project implementation, work will stop and the Forest Archeologist will be notified immediately. Recreation: Public notice should be placed in local newspapers and other appropriate media to inform recreation users of the project and activities. Signs should be placed on roads and trails entering the project area to notify users of activities or potential hazards and to post any necessary instructions. Hydrology: All applicable permits will be obtained prior to instream work. Contract will be administered by Montana FWP with support from BDNF aquatics, engineering, and hydrology. A hydrologist or aquatics representative will be on site during implementation to ensure impacts to water quality are limited. Noxious Weeds: Noxious weeds will be controlled following procedures in the Noxious Weed Control Program ROD (2002) for the. Range: The permittee will be notified by phone call prior to implementation.
Reasons for Categorically Excluding the Proposed Action Page 3 of 7 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 1909.15 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 Aquatic Species, Botany, and Wildlife Heritage Report 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 1508.4). 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 discernible cumulative effects. The interdisciplinary team reviewed the resource conditions listed in FSH 1909.15 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. The resource specialist reports have provided the necessary information to make a determination on the cause-effect 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:
Page 4 of 7 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 American Indians and Alaska Native religious or cultural sites. Archaeological sites, or historic properties or areas. POTENTIAL EFFECT Threatened or Endangered Species: There would be no effect to the threatened grizzly bear. Sensitive Wildlife Species: Activities may impact individual Townsend's big eared or spotted bats but will not likely contribute to a trend towards federal listing or loss of viability to the population or species. Sensitive Plant Species: No impacts to sensitive plants will occur. Sensitive Aquatic Species: Activities may impact westslope cutthroat trout in the short term, but will not likely contribute to a trend towards federal listing or loss of viability to the population or species. The project is expected to result in long-term benefit to westslope cutthroat trout. The project does not occur within a municipal watershed. This project will occur entirely in the RCA on the North Fork of Divide Creek. Short-term negative impacts to water quality are localized and limited to the immediate area of development. Although there will be short-term impacts to water quality, the long-term benefits to aquatic habitat will far outweigh those impacts and the overall effect of this project will be beneficial to the watershed. A hydrologist or aquatics representative will be on site during implementation to ensure impacts to water quality are limited. No congressionally designated areas occur in or near the project; therefore no negative impacts to any congressionally designated areas are projected. There are no inventoried roadless areas within or adjacent to the project area. Therefore, no negative impacts to inventoried roadless areas are projected. There are no research natural areas within the project area. Therefore, no negative impacts to research natural areas are projected. Potential adverse impacts to religious, cultural, or archaeological sites, or historic properties or areas are not anticipated. A categorical exclusion is appropriate in this situation because the proposed actions fit within the category described above and there are no extraordinary circumstances present. Scoping and Public Involvement A scoping letter went out to 66 individuals, agencies, and tribes on December 19, 2011. The project was also posted on the schedule of proposed actions on the same day. No responses were received. The project was made available for a 30-day public comment period; the legal notice of the proposed action and 30-day comment period was published in the newspaper of record, The Montana Standard on May 6, 2012. The 30-day notice and comment letter was posted on the Forest NEPA projects
Page 5 of 7 webpage. We received one letter via email providing comments on the proposed action, which was submitted after the 30-day comment period. We received the following comments from the livestock grazing permittee in the Divide Creek area. Our ranch is located to the east of the proposed project site. We own water rights on Divide Creek and also are the sole Forest Service Grazing Permittee on this proposed area. We would like to submit the following comments on the Fisheries Enhancement Barrier on the North Fork of Divide Creek project. In the Purpose and Need of the proposal it is stated that the fish barrier would be the first step toward removing non-native Brook Trout to allow native Westslope Cutthroat to re-establish there. Future projects.. We would like to be kept apprised of any future proposed projects dealing with Divide Creek. In the Scoping period starting on December 19, 2011, we felt that we should have been included as one of the 66 individuals allowed to participate in that part of the process. If this Barrier Enhancement is approved, we would also like to be the first (not last) to know when and how the project will be built. It is stated in the proposal that public notice will be placed in the newspaper and other appropriate media. We would appreciate a phone call or a letter to our post office box informing us of the project activities. Our cattle go on the Forest starting July 1 until September 30. There may not be any interference with their grazing or your project but we need to work together to assure that everyone is treated fairly. We will need access to the area to the west of the project at all times. Our water rights allow us and we are dependent on the water to irrigate our pastures and water our livestock. We would not want the barrier enhancement to interfere with stream flow, especially in a drought year. Our cattle do graze in the proposed area but we don t foresee any disturbance to the proposed project. However in the event there was disturbance (like in a drought year and cattle go to water in the project area), we will not be held responsible for any damage or changes to the Barrier Enhancement area. We are okay with the project going forward and thank you for considering our position in relationship to this project. Forest Service Response: The permittee was inadvertently not included on the initial scoping address list; however, we will keep then informed about any future projects within their permitted grazing allotment. This decision memo will be mailed to the permittee. We will work with the permittee as we implement this decision to assure they are kept informed of the progress as we implement the project. We do not anticipate the barrier enhancement will interfere with stream flow or affect the permittees water rights. Should any incidental damage or changes to the barrier enhancement occur from permitted livestock, the permittee will not be held responsible. 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 guidance for all natural resource management activities on the Beaverhead-Deerlodge National Forest. 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.
Forest Plan Direction Page 6 of 7 Aquatic Resources Goals: Aquatic Nuisance Species: Introductions of aquatic nuisance species in riparian and aquatic habitats are prevented. Forest biologists work cooperatively with appropriate state and federal agencies, or other stakeholders to reduce or eliminate impacts, where aquatic nuisance species are adversely affecting the viability of desired aquatic species. (FP pg. 14) 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. 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 October 28, 2004. 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 review and public scoping, the proposed action did not identify any adversely impacted local minority or low-income 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. Other Laws or Requirements The proposed action is consistent with all other Federal, State, and/or local laws or requirements.
Page 7 of 7 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, and is expected to commence in late summer or early fall of 2012. Contact Person Supporting documentation for this decision is available for public review at the Butte Ranger District, 1820 Meadowlark Lane, Butte, MT 59701. Further information about the decision can be obtained from Kevin Weinner at the BDNF Supervisors Office in Dillon, MT (406) 683-3857. Responsible Official /s/ Peri R. Suenram June 25, 2012 PERI R. SUENRAM Date Acting District Ranger Butte/Jefferson Ranger Districts 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 USDAs TARGET Center at (202) 720-2600 (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. 20250-9410, or call (800) 795-3272 (voice) or (202)720-6382 (TDD). USDA is an equal opportunity provider and employer.