Responsible Official

Rowdy Muir

Flaming Gorge-Vernal District Ranger

(435) 781-5258

For More Information Contact:

Garry Brown, ID Team Leader

Rangeland Management Specialist

(435) 781-5168

Forest Service

United States

Department of

Agriculture

June 2017

D2 Range Improvement Project Decision Notice

Ashley National Forest Flaming Gorge-Vernal Ranger District

Uintah County, Utah

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) 720-2600 (voice and TTY) or

contact USDA through the Federal Relay Service at (800) 877-8339. 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

http://www.ascr.usda.gov/complaint_filing_cust.html 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) 632-9992. 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. 20250-9410;

(2) Fax: (202) 690-7442; or

(3) Email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

DECISION NOTICE I have decided to implement the Proposed Action, as analyzed in the May, 2017 D2 Range

Improvement Project Environmental Assessment (EA). The Proposed Action is described below.

Project Location

The D2 Range Improvement Project is located between 15 and 30 miles north of Vernal, Utah,

on the Flaming Gorge-Vernal Ranger District within Uintah County in northeastern Utah within

the 200,000-acre area associated with the eight allotments in the Project Area (Attachment 3).

The Project Area is widespread across the southeast slope of the Uinta Mountains within

11 watersheds (Spring Creek-Ashley Creek, Mosby Creek, Big Brush Gorge-Big Brush Creek,

Cottonwood Canyon-Big Brush Creek, Reader Creek, Middle Lake-Brush Creek, Dry Fork-Twin

Creek, Willow Spring Draw-Diamond Gulch, North Fork Ashley Creek, Dry Fork, Brownie

Creek). Elevations range between 7,000 to 10,000 feet above sea level. Attachment 1 describes

the legal and general location of each proposed improvement in the Project Area.

Proposed Action

The Proposed Action, developed in response to the Purpose and Need presented on page 7 of the

EA, is to construct or improve range improvements in 15 locations on the southeast slope of the

Uinta Mountains, incorporating Forest Plan guidance and allowing for permitted livestock

grazing that continues to meet or move toward desired resource conditions.

A detailed description of the Proposed Action is found in the “Alternatives” section on page 9 of

the EA.

Design Criteria

The project design criteria are an integral part of this project and will be implemented in

conjunction with the Proposed Action. The design criteria are included in Attachment 2.

Rationale

The purpose of the Proposed Action is to improve livestock distribution and minimize areas of

livestock concentration.

To achieve this purpose, I have decided to implement the Proposed Action described above. I

believe additional fencing and water sources and repairs or replacements of existing springs and

troughs would assist range managers in improving proper cattle distribution and even use of

forage, as well as minimizing areas of livestock concentration; maintaining the season of use;

allowing for an enhanced rotation system by deferring and resting areas of the pasture; and

resulting in improved wildlife habitat, resolution of recreation conflicts, and protection of springs

and other riparian areas. Constructing fences would eliminate areas of cattle concentration in

dispersed recreation areas and allow seasonal deferment on early-entry spring range.

Constructing experimental exclosures would allow managers to monitor the effects of treatment

in cheatgrass/sagebrush plant communities to assist in future vegetation projects. Collectively,

improvements would allow range managers to continue implementing allotment management

plans, improve vegetative communities in concentration locations, and decrease the workload for

the livestock operators to keep their cattle in authorized use areas.

I have carefully reviewed the documentation presented by resource specialists that worked on

this project, and I have looked at the public comments for this project. The Ashley National

Forest (Forest) staff, the public, and interested parties have not expressed any concerns or issues

that have not been addressed and the potential impacts of the project are non-existent or minimal

in extent.

I have also looked at the design of this project in terms of safety. With the design features in

place, I do not expect that this project will create a safety concern to the public.

I believe that this project will address the purpose and needs described above.

Public and Tribal Involvement

The public involvement effort was initiated on July 29, 2016, by placing the proposed project on

the Forest’s July through September 2016 Schedule of Proposed Actions, as well as on the

Forest’s web page. On August 1, 2016, scoping letters were mailed to 55 interested parties,

affected permittees, organizations, and agencies whose names are maintained on the scoping

letter mailing list in the project record. In addition, the scoping letter was emailed to 237 parties

on the Forest’s electronic address list.

In response to scoping efforts, two interested parties provided comments. The project record

contains all written comments received and discloses how the Interdisciplinary Team addressed

those concerns within supporting resource analyses.

Objection Opportunities

This project is subject to a pre-decisional administrative review process, also known as an

objection process (36 CFR 218, Subparts A and B). Only individuals or entities (as defined by 36

CFR 218.2) who submitted timely and specific written comments (as defined by 36 CFR 218.2)

regarding this proposed project during a designated opportunity for public comment established

by the responsible official are eligible to file an objection to this decision. Issues raised in

objections must be based on previously-submitted comments unless based on new information

that arose after the designated opportunities to comment.

Individual members of organizations must have submitted their own comments to meet the

requirements of eligibility as an individual; objections received on behalf of an organization are

considered those of the organization only. If an objection is submitted on behalf of a number of

individuals or organizations, each individual or organization listed must meet the eligibility

requirement of having previously submitted comments on the project (§218.7). Names and

addresses of objectors will become part of the public record. Incorporation of documents by

reference in the objection is permitted only as provided for at §218.8(b). Minimum content

requirements of an objection, identified in §218.8(d), include:

• Objector’s name and address, telephone number if available, and signature or other

verification of authorship upon request.

• Identification of the lead objector when multiple names are listed, along with verification

upon request.

• Name of project, name and title of the responsible official, national forest/ranger district

of project.

• Sufficient narrative description of those aspects of the proposed project objected to,

specific issues related to the project, how environmental law, regulation, or policy would

be violated, and suggested remedies that would resolve the objection.

• Statement demonstrating the connection between prior specific written comments on this

project and the content of the objection, unless the objection issue arose after the

designated opportunities for comment.

Written objections (mail, fax, email, hand-delivery) on this decision must be filed within 45 days

starting the day after the publication date of the legal notice of opportunity to object in the Vernal

Express. The publication date is the exclusive means to calculate the timeframe. The reviewing

officer is the Forest Supervisor. Objections must be sent to: Objection Reviewing Officer,

Intermountain Region USFS, 324 25th Street, Ogden, Utah 84401; faxed to (801) 625-5277; or

emailed to: objections-intermtn-regional-office@fs.fed.us. Electronic objections may be

submitted in an email message or in a .doc, .docx, .pdf, .txt, .rtf, or .html attachment. Please

include the project name in the subject line. It is the responsibility of objectors to ensure their

objection is received in a timely manner (§218.9).

Implementation Date

As per 36 CFR 218.12, if no objection is received within the legal objection period, this decision

may be signed and implemented on, but not before, the fifth business day following the close of

the objection-filing period. If an objection is filed, this decision cannot be signed or implemented

until the reviewing officer has responded in writing to all pending objections.

Contact

For additional information concerning this decision, contact Garry Brown, Rangeland

Management Specialist. He can be reached by phone at (435) 781-5168 or email at

gdbrown@fs.fed.us.

Rowdy Muir Date

District Ranger

Flaming Gorge-Vernal Ranger District

ATTACHMENT 1

Legal and General Location of Proposed Activities for the D2 Range Improvement Project

Project Activity Legal Location

(Salt Lake Meridian)

Black Canyon Allotment

Charley’s Park pond development T2S R19E Sections 13, 14, & 24

Brush Creek Allotment

Barker Pond development T2S R22E Section 08

Diamond Mountain Allotment

McKee Spring pipeline extension T1S R22E Section 34; T2S R22E Sections 03,

04 & 10

Dry Fork Allotment

Bills Park fence realignment and water improvements

T2S R18E Section 36

Mosby Park fence realignment T2S R18E Section 26

Wootton Spring exclosure T3S R18E Section 01 T2S R18E Section 36

Bill’s Park corral construction T2S R18E Section 36

Lake Mountain Allotment

Sink Ridge spring development T2S R19E Section 20

Lena Peak Allotment

Limestone spring exclosure and water development

T1S R22E Sections 13, 14, & 23

Lonesome Park Allotment

East Park/Kane Hollow drift fence installation

T1S R21E Sections 02, 03 & 04

Taylor Mountain Allotment

Big Park/Oaks Park division fence installation

T1N R20E Sections 29 & 32; T1S R20E Sections 04, 05 & 08

George D Pond pipeline extension T2S R21E Sections 16, 21 & 22

Merkley Spring pipeline extension T2S R21E Sections 19 & 30

The Face division fence installation T2S R21E Sections 28, 29, & 33

The Face Pasture experimental exclosure installation

T2S R21E Section 32

ATTACHMENT 2

Project Design Features

Project design features are an integral part of the Proposed Action and serve to mitigate effects of

activities on resource areas. The following design features would be applied during

implementation.

General (GE)

GE-1—Construct/reconstruct troughs, fences, cattle guards, corrals, and pipelines according to

USFS protocol, which includes:

• Place wildlife ramps in troughs

• Place floats in troughs

• Place valves on water lines that allow water to be turned off when not in use

• Space fence wire, from the ground level, at approximately 18 inches, 24 inches,

30 inches, and 42 inches up with a smooth bottom wire

• Construct fences, cattle guards, and corrals with natural or naturally-colored dark

materials (e.g., wood and dark green steel posts)

• Place pipelines underground where possible and restore contours

GE-2—Limit vegetation removal and clear vegetation in a way to limit the presence of unnatural

lines. That is, soften edges of cleared work spaces by selectively removing vegetation toward the

edges and rounding corners; limit removal of trees to only those within the direct path of a

fence/pipeline, appear likely to fall on a fence, or are within the boundary of a proposed pond;

use trees for administrative purposes where possible; cut stumps lower than 12 inches above the

ground; and do not place cut trees in piles or lay parallel to the fences.

GE-3—Limit soil disturbance, stockpile topsoil for use in site reclamation, properly compact

fills to avoid erosion, install erosion control measures (e.g., waddles, straw bales) as necessary,

and seed disturbed soil as necessary in a manner that optimizes plant establishment for that

specific site in compliance with local direction and requirements per FSM 2070 and FSM 2080

for vegetation ecology and prevention and control of invasive species.

GE-4—Use suitable measures to protect springs, wetlands, and streams during construction:

• Locate access and staging areas near the project site but outside of work area boundaries,

streamside management zones, wetlands, and sensitive soil areas

• Design stream crossings by fencelines in consultation with a USFS soil scientist and/or

hydrologist prior to construction, and rehabilitate as necessary

• Refuel and service equipment only in designated staging areas

• Minimize heavy equipment entry into/or crossing water as is practicable

• Consider using small, low-ground pressure equipment and/or hand labor where

practicable

• Excavate head boxes by shovel and hand tools or small, low-ground pressure excavator

• Ensure all equipment operated in or adjacent to the waterbody is clean of aquatic invasive

species as well as oil and grease

• Avoid overland travel in wet meadows or riparian areas

GE-5—Where possible, implement project activities when sites and access are dry

GE-6—Remove all construction trash and excess debris from public lands and dispose of at a

site approved by the USFS

GE-7—Obtain authorization from the USFS for heavy equipment use (e.g., trenchers, crawler

tractors); do not operate heavy equipment on slopes greater than 40 percent if the slope is longer

than 100 feet long

Botanical (BT)

BT-1—Due to the proximity of documented clustered lady’s slipper to project areas, conduct a

pre-construction plant survey prior to implementation at the Big Park/Oaks Park Division Fence

and East Park/Kane Hollow Drift Fence improvement locations to determine if any clustered

lady’s slipper may be affected. If clustered lady’s slipper are found within the improvement

locations, consult the Ashley National Forest botanist to identify appropriate mitigation, as

needed, to avoid or protect clustered lady’s slipper.

Cultural Resources (CR)

CR-1—Should cultural resources be identified during construction of any of the improvements,

stop work at that location until a qualified archaeologist is consulted and appropriate mitigation

is identified, as needed, to avoid/protect these sites.

Noxious Weeds (NX)

NX-1—Avoid noxious weed infestations to the extent possible. Where noxious weeds cannot be

avoided, chemically treat populations prior to driving, walking, and/or riding through noxious

weed infestation in accordance with the approved 1994 Ashley Noxious Weeds Environmental

Assessment and the 2013 Ashley National Forest Noxious Weeds Management Supplemental

Environmental Assessment.

NX-2—Thoroughly clean all vehicles and construction equipment at a location off the Ashley

National Forest prior to transporting them into the Project Area.

NX-3—If used for rehabilitation purposes, only use certified noxious weed-free hay, straw, and

mulch within the Project Area.

NX-4—Monitor noxious weeds before and after implementation and treat, according to the

district monitoring plan, if they become established.

Recreation, Scenic, and Roadless (RR)

RR-1—Where fences are constructed in publicly visible areas with a Visual Quality Objective of

“Retention,” leave vegetation smaller than 24 inches in height in place.

RR-2—Where feasible, place troughs, tanks, and solar panels in low areas or areas where they

can be screened by vegetation and topography from roads and trails.

Wildlife (WL)

WL-1— For all fences within 1.2 miles of an occupied greater sage-grouse (GRSG) lek, add

reflectors or markers to reduce collision risk and, where possible, place the fence below the ridge

line (GRSG-LG-GL-040-Guideline).

WL-2—During the GRSG breeding and nesting season (March 1–June 15), avoid

implementation activities at the following project locations: The Face Pasture Experimental

Enclosures, Barker Ponds, Bills Park Corral, Bills Park Fence Realignment, George D. Pond

Pipeline Extension, Limestone Spring Exclosure and Water Diversion, McKee Spring Pipeline

Extension, Merkley Spring Pipeline Extension, The Face Division Fence, and Wootton Spring

(GRSG-GEN-GL-007-Guideline).

WL-3—Ensure all water developments will be beneficial to GRSG by implementing the

following criteria described within the Greater Sage-grouse Record of Decision for Idaho and

Southwest Montana, Nevada and Utah and Land Management Plan Amendments (Forest

Service 2015) (GRSG-LG-ST-035-Standard):

• Install fences around springs to keep cattle out and improve GRSG habitat

• Change livestock distribution and timing based on data from grazing utilization

monitoring to improve livestock distribution and minimize heavy use in concentration

areas

• Install a functional flow valve that will shut off water to the trough at the spring and

allow the water to flow naturally from the spring

WL-4—Do not authorize new surface disturbing and disruptive activities that create noise at

10dB above ambient measured at the perimeter of an occupied GRSG lek during lekking

(March 1–April 30) from 6 PM to 9 AM. Do not include noise resulting from human activities that

have been authorized and initiated within the past 10 years in the ambient baseline measurement

(GRSG-GEN-ST-006-Standard).

WL-5—Conduct pre-construction nest surveys between February 15 and September 30. If a

particular species is present, avoid project implementation during the nesting season for that

species within the specified buffer area or implement other USFS biologist-recommended

measures such as monitoring.

Nesting Season: February 15–August 31

• Golden eagle and prairie falcon—0.5-mile nest buffer

Nesting Season: February 15–August 1

• Boreal and flammulated owl—0.25-mile buffer

• Three-toed woodpecker, red-naped sapsucker, warbling vireo, song sparrow,

Lincoln’s sparrow, Brewer’s sparrow, broad-tailed hummingbird, Cassin’s

finch, cordilleran flycatcher, fox sparrow, Lewis’s woodpecker, loggerhead

shrike, olive-sided flycatcher, sage sparrow, sage thrasher, Virginia’s warbler,

and Williamson’s sapsucker—100-foot buffer

Nesting Season: March 1–September 30

• Northern goshawk—0.5-mile nest buffer

Nesting Season: March 15–July 31

• Peregrine falcon—1-mile nest buffer

WL-6— To mitigate deer and elk from getting tangled in barbed wire fence, follow the spacing

guidelines outlined in the Fences 1999 Manual (Missoula Technology and Development Center,

1988) and add a top rail in areas with documented high deer and elk activity.

ATTACHMENT 3

Project Maps