Page 1 of 6 Background DECISION MEMO USDA Forest Service Madison Ranger District Madison County T12S, R4W, Section 30 The project is in the Gravelly Landscape, Snowcrest Recommended Wilderness Management Area in the Southwest Corner C&H Allotment. Livestock use the crossing on West Fork Blacktail Deer Creek, southwest of Antone Cabin, which is a 303d listed stream. It is highly eroded and introduces excessive fine sediment into the perennial stream channel. Decision I have decided to authorize work to harden the stream crossing by installing in-channel grade control structures immediately up and downstream of the crossing and lowering the streambank approaches to a 1:4 grade. This decision also includes placing and compacting gravel over cobble sized rock material on both approaches to stabilize the crossing and accommodate livestock as well as installing a short jackleg fence at each approach to keep livestock from moving up or down the stream when crossing. Mitigation and Design Features Required by This Decision: Aquatics The aquatic resource specialist will accompany range staff during installation to insure the crossing compliments stream morphology. A 124 Stream Protection Act permit from Montana Fish Wildlife & Parks (MTFWP) will be acquired for this action. Hydrology To ensure proper design and implementation a hydrology or fisheries representative will be onsite during implementation. Additional sediment mitigations may be necessary if feasible to limit sediment production during implementation on this 303 listed stream. The project may include dewatering the channel to complete work and use of fabric and/or filter strips to catch increased sediment.
Page 2 of 6 Heritage The South Zone Archaeologist should be notified if any historic or prehistoric cultural resources are identified during the course of project implementation. Scenery Soils Minimize amount of disturbed area to that necessary to construct the crossing, and construct crossing to encourage/allow revegetation as soon as possible. Minimize the amount of fencing required to guide cattle into the crossing. 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 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 Aquatics, Botany, and Wildlife Tribal and Heritage Resource findings Soils Report Hydrology Report Recreation Report Scenery Report
Page 3 of 6 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 discernable 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: 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 Species: No Impact 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 benefits to floodplains and wetlands associated with the stream. 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 any research natural areas are projected. There are no research natural areas within the project area. Therefore, no negative impacts to any research natural areas are projected. The project has been inventoried for cultural resources with negative results. It is recommended that the project proceed in accordance with the Region 1 Forest Service Programmatic Agreement with the Montana State Historic Preservation Office.
Page 4 of 6 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 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, 2012. Two letters of support, one with a request for monitoring results and updates as to the success of the West Fork Blacktail Deer Creek were received. An example of the type of photo monitoring we do was included in the proposed action published for a 30-day comment period from April 22 to May 22, 2013. No further comments were received. 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. 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 aquatic-dependent 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 [21162-21276]). 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 219.17(c)). Furthermore, the
Page 5 of 6 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 219.17). 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, 2011. 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 (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, and is expected to commence in the spring of 2014.
Page 6 of 6 Contact Person Supporting documentation for this decision is available for public review at the Madison Ranger District, 5 Forest Service Road, Ennis, MT 59729 Further information about the decision can be obtained from the Madison Ranger District during normal office hours (weekdays, 8:00 a.m. to 4:30 p.m.) in Ennis, Montana, by calling 406-682-4253 406; by mail at (5 Forest Service Road, Ennis, MT 59729, or by sending an e-mail to me, Ken Harris at kenharris@fs.fed.us. Responsible Official Ken Harris January 13, 2014 KEN HARRIS District Ranger Madison Ranger District Date