decision memo rb-17 and rb-21 wildlife...

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Decision Memo for RB-17 and RB-21 Wildlife Guzzlers USDA, Forest Service Cibola National Forest rt.r Rita Blanca National Grassland Dallam County, Texas February 8,2013 PROPOSED ACTION: Install three wildlife guzzlers in existing wildlife exclosures in Grassland units RB-17 and RB- 21. These guzzlers would consist of an 800 gallon fiberglass storage tank 8' in diameter and 2' deep with a 6'drinking trough attached. The storage tank and drinking trough would be buried in the ground and a 12'x12' metal water catchment apron would rest above ground next to the guzzler to catch and funnel water into the storage tank. Location of Proposed Action: The project areas are in the northeast portion of the Cibola National Forest on the Rita Blanca National Grassland. The project areas are as follows: 1. RB-17 located in block 7, section 22, Dallam County, Texas 2. RB-21located in block 5, section 9, Dallam County, Texas PURPOSE AND NEED: To provide water sources for wildlife in the area. REASONS FOR THE DECISION: I have reviewed and considered the applicable laws, statues, regulations, policies and the environmental documents to which this decision tiers and incorporates, including the, Land and Resource Management Plan (LRMP) for the Kiowa, Rita Blanca, Black Kettle and McClellan Creek National Grasslands. I have reviewed the Scoping Report, its administrative record, and the public comments with district and forest professional staff. I have read the comments and fully evaluated the alternatives and issues according to the site-specific context and intensity of the proposed action. REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION: An environmental analysis was conducted for this proposed action. As a result of that analysis, a determination has been made that the proposal is in a category of actions that are excluded from further documentation in an Environmental Assessment or an Environmental Impact Statement. The proposed action falls under category 6 in Section 32.2 of the FSH 1909.15 - NATIONAL ENVIRONMENTAL POLICY ACT HANDBOOK; Timber stand and/or wildlife habitat RB-J7 and RB-2lWildlije Guzzlers Page 1 0/4

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Page 1: Decision Memo RB-17 and RB-21 Wildlife Guzzlersa123.g.akamai.net/7/123/11558/abc123/forestservic... · 2013-04-10 · Approved by It.~~ MICHAEL ATKINS N District Ranger, Responsible

Decision Memofor

RB-17 and RB-21 Wildlife Guzzlers

USDA, Forest ServiceCibola National Forest rt.r Rita Blanca National Grassland

Dallam County, TexasFebruary 8,2013

PROPOSED ACTION:Install three wildlife guzzlers in existing wildlife exclosures in Grassland units RB-17 and RB-21. These guzzlers would consist of an 800 gallon fiberglass storage tank 8' in diameter and 2'deep with a 6'drinking trough attached. The storage tank and drinking trough would be buriedin the ground and a 12'x12' metal water catchment apron would rest above ground next to theguzzler to catch and funnel water into the storage tank.

Location of Proposed Action:The project areas are in the northeast portion of the Cibola National Forest on the Rita BlancaNational Grassland. The project areas are as follows:

1. RB-17 located in block 7, section 22, Dallam County, Texas2. RB-21located in block 5, section 9, Dallam County, Texas

PURPOSE AND NEED:

To provide water sources for wildlife in the area.

REASONS FOR THE DECISION:

I have reviewed and considered the applicable laws, statues, regulations, policies and theenvironmental documents to which this decision tiers and incorporates, including the, Land andResource Management Plan (LRMP) for the Kiowa, Rita Blanca, Black Kettle and McClellanCreek National Grasslands.

I have reviewed the Scoping Report, its administrative record, and the public comments withdistrict and forest professional staff. I have read the comments and fully evaluated thealternatives and issues according to the site-specific context and intensity of the proposed action.

REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION:

An environmental analysis was conducted for this proposed action. As a result of that analysis, adetermination has been made that the proposal is in a category of actions that are excluded fromfurther documentation in an Environmental Assessment or an Environmental Impact Statement.The proposed action falls under category 6 in Section 32.2 of the FSH 1909.15 - NATIONALENVIRONMENTAL POLICY ACT HANDBOOK; Timber stand and/or wildlife habitat

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Page 2: Decision Memo RB-17 and RB-21 Wildlife Guzzlersa123.g.akamai.net/7/123/11558/abc123/forestservic... · 2013-04-10 · Approved by It.~~ MICHAEL ATKINS N District Ranger, Responsible

improvement activities that do not include the use of herbicides or do not require more than 1mile of low standard road construction (36 CFR 220.6( e)(6)). The proposed action meets theintent of this category by improving wildlife habitat for wildlife species residing in the area.

FINDINGS OF NO EXTRAORDINARY CIRCUMSTANCES:

An Interdisciplinary Team was formed from resource specialists on the Cibola National Forestand Grasslands. These resource specialists did not identify any significant issues during projectreview, and all concerns were addressed by inclusion as part of the project proposal. Theirreports are available in the project record, which is located in the District Office.

It was also determined through the environmental analysis that there were no extraordinarycircumstances or conditions, as listed in 36 CFR 220.6(e), related to this proposal that mightcause the action to have significant effects. Specifically, this determination is based upon theabsence of adverse effects on the following:

1. Federally listed threatened or endangered species or designated critical habitat, species proposed forfederal listing or proposed critical habitat, or Forest Service sensitive species. A Biological Assessmentand Evaluation was completed for these guzzler projects and a report filed on October 2, 2012. Theproposed action and its activities will have no effect on any threatened, endangered, or proposedspecies or their habitat, nor have the project areas been identified as critical habitat. Theimplementation of this project may temporarily disturb Forest Service sensitive species that occur inthe project area but will not permanently impact behavior or populations ..

2. Flood plains, wetlands, or municipal watersheds. There are no flood plains or wetlands in the projectareas. These areas are not within a municipal watershed.

3. Congressionally designated areas, such as wilderness, wilderness study areas, or National RecreationAreas. These projects are not within a wilderness, wilderness study area or National RecreationArea.

4. Inventoried roadless areas. These projects are not within any inventoried roadless area.

5. Research Natural Areas. These projects are not within a Research Natural Area.

6. American Indians and Alaska Native religious or cultural sites. Based on past environmental analysisfor the project areas and recent consultations with American Indian Tribal Councils, there are noknown uses of these areas for religious or cultural purposes.

7. Archaeological sites, or historic properties or areas. An Archaeological Inventory report wascompleted on August 3, 2012. The conclusion of this report stated there would be no effects toNational Register listed sites or historical properties.

SCOPING AND PUBLIC INVOLVEMENT:

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The proposal was developed based on internal discussions between resource specialists whowere assigned to the project. Interdisciplinary Team members visited the project area andidentified resource issues and mitigation measures that would minimize effects.Recommendations from those specialists have been included in the project design.

In addition to internal discussions, the proposal was published in the Cibola National Forestand Grasslands Schedule of Proposed Actions (SOPA), beginning in July 2012. The SOPA is

Page 3: Decision Memo RB-17 and RB-21 Wildlife Guzzlersa123.g.akamai.net/7/123/11558/abc123/forestservic... · 2013-04-10 · Approved by It.~~ MICHAEL ATKINS N District Ranger, Responsible

mailed to all persons who have expressed an interest in activities that occur on the CibolaNational Forest and Grasslands. A scoping letter was published in the Dalhart Texan andmailed on August 20, 2012, to potentially interested and affected persons. This list includedpersons with existing permitted uses on the Rita Blanca National Grassland within the projectarea. No groups or individuals contacted the District Office and expressed an interest in theproposal.

A notice of public comment was published in the Dalhart Texan and a letter was sent to thepotentially interested and affected persons on October 16,2012, providing the opportunity tocomment. No comments were received during the 30 day comment period.

FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS:

1) All management practices and activities of the proposed action are consistent withmanagement direction, including objectives and guidelines, in the Land and ResourceManagement Plan (LRMP) for the Kiowa, Rita Blanca, Black Kettle, and McClellanCreek National Grasslands, which was developed in accordance with the National ForestManagement Act of 1976,16 USC 1604(i) and 36 CFR 219.10(e). These projects arealso consistent with the National Environmental Policy Act (1969), the EndangeredSpecies Act (1973), the Federal Clean Water Act (1972), and the Clean Air Act (1977).These actions do not create Environmental Justice issues, as defined in Executive Order12898.

2) A Management Indicator Species Report (MIS) has been completed. The species thoughtto occur in the project area or had habitat requirements considered in the analysis includethe burrowing owl and the mountain bluebird. After review of the Grasslands LRMP,there would be no net loss of MIS habitat and no adverse effect to the populationnumbers or population trends at both the Grasslands and project level by implementingthe project.

3) Analysis of impacts to Neotropical Migratory Birds (NMB) has been completed. Nosignificant impacts will occur to the Highest Priority Migratory Birds identified byPartners in Flight. There are no designated Important Bird Areas impacted by this projector its associated activities. There are no negative impacts to wintering raptors byimplementing this project or its associated activities.

IMPLEMENTATION DATE:

These projects may begin immediately.

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Page 4: Decision Memo RB-17 and RB-21 Wildlife Guzzlersa123.g.akamai.net/7/123/11558/abc123/forestservic... · 2013-04-10 · Approved by It.~~ MICHAEL ATKINS N District Ranger, Responsible

Approved by It.~~MICHAEL ATKINS NDistrict Ranger, Responsible Official

ADMINISTRA TIVE REVIEW OR APPEAL OPPORTUNITY:In light of a recent court ruling (Sequoia ForestKeeper v. Tidwell, ll-cv-00679-LJO-DLB (E.D.Cal.)), the Forest Service will provide public notice, comment, and opportunity foradministrative appeal for projects and activities documented with a "Decision Memo" (36 CFR220.6(e)) until new instructions are issued by the Washington Office, or the Agency issuesregulations addressing the Court's ruling. In addition, the Forest Service will prepare DecisionMemos and offer notice, comment and appeal opportunities for timber sales and proposedapprovals of oil or gas exploration and development activities that rely upon Section 390 of theEnergy Policy Act of 2005. Only those who provide comment or express interest in this proposalduring this comment period will be eligible to appeal the decision pursuant to 36 CFR part 215regulations.

CONTACT PERSON:

For more information, contact: Rick Hanson, Wildlife BiologistRita Blanca National Grassland714 Main Street, Clayton, New Mexico 88415(575) [email protected]

SIGNATURE AND DATE:

RB-17 and RB-21Wildlije Guzzlers Page 4 of4