DECISION MEMOKane Lake Trailhead Fence

USDA Forest Service, Intermountain Region, Salmon-ChallisNational ForestLost River Ranger District

Custer County, Idaho(T6 N, R19E, NE ~ Sec. 27, Boise Meridian)

I. DECISION TO BE IMPLEMENTED

A. Description ofDecision

My decision is to implement the Kane Lake Trailhead Fence project. This project is locatedapproximately 28 miles west-southwest of Mackay, Idaho. The project is the construction of awooden fence that is approximately 0.25 miles, and stretches across Kane Creek perpendicular to thestart of the Kane Lake Trail. The project would be implemented as early as summer 2017 and isexpected to be completed within the same year. The acquisition of materials will be the responsibilityof the Lost River Ranger District. Construction of the fence will be a collaborative effort between theUSFS, YCC, and the Wildhorse permittees. Future fence maintenance and repairs will be theresponsibility of the permittees on the Wildhorse Allotment.

The project would involve the following actions:• The Construction of a buck and pole fence that consists of:

o Poles that are approximately 20 feet in length and 4-6 inches in diameter.o Bucks that are approximately 6 feet inheight and 5-12 inches diameters.o Bucks will have an inside angle of 60-80 degrees.o Busks and rails will be attached using common 60d nails.o Bucks will be places approximately 19 feet apart.o The top pole will be placed no more than 42 inches above level ground.o The bottom pole will placed no lower than 14 inches from level ground.o The backside pole will be placed no lower than 20 inches from level ground.o The front-side middle pole will be placed no lower than 28 inches from level ground.

• Diagonal poles may be placed on the steeper sections of the fence to act as a brace.• A "tum-style," walk through gate will be constructed across the trail for people on foot to

pass through the fence-line without opening a gate.o This will be constructed out the same poles that will be used on the buck and pole

fence.• An 8 foot by 52 inch Powder River gate will be installed in addition to the turn-style gate.

o Placement will be away from the trail to discourage use by people other than those onhorseback, or by use of the permittees to remove cattle to drift into the fenced offarea.

• Hand clearing of the fence-line involving cutting of trees may be needed prior to fenceconstruction. This action will not involve removal of whitebark pine trees.

• Fence materials would be transported by vehicle to the parking lot that is associated with theKane Lake Trail.

• The fence would be built by hand.• Follow noxious weed prevention practices to the extent possible during the implementation of

this project. (See AppendixA)

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My decision also includes the project features referred to in Section II, Item B 1 of this document andin Appendix A.

B. Purpose of Decision

The objective of this project is to prevent permitted livestock from accessing Kane Lake and the areasurrounding Kane Lake. This new fence will serve as an internal 'drift' fence to prevent livestockfrom accessing areas that are important to fish and wildlife population. It will make a small portionof the allotment inaccessible to the permitted livestock, but the benefits to the landscape, wildlife, andrecreation will be signification in comparison to a minimal loss of forage. The action would helpaccomplish portions of the Forest Plan Management Direction, see below:

• Manage riparian areas according to the Riparian Standards and Guidelines. Protect orimprove riparian dependent resources during management activities within or affectingriparian areas. (pg IV-I)

• Maintain or improve the current productivity level of wildlife and fish habitat (pg IV-3).• Place priority on improving essential wildlife and fish habitats (e.g., aspen, mahogany,

riparian, aquatic) and seasonal ranges (pg IV-4)• Discourage livestock concentrations in riparian areas and within 100 feet of lakes and

perennial streams. Restrict livestock grazing in identified problem areas where necessary (pgIV-33).

• Provide a level of management on allotments that will maintain suitable range in fair or bettercondition and improve the condition of suitable range that is in less than fair or bettercondition. Improve livestock distribution. Provide for increase in permitted livestock use asconditions allow (pg IV-168).

II. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION

Decisions may be categorically excluded from documentation in an environmental impact statementor environmental assessment when they are within one of the categories identified by the U.S.Department of Agriculture in 7 CFR part 1b.3 or one of the categories identified by the Chief of theForest Service in 36 CFR 220.6, and there are no extraordinary circumstances related to the decisionthat may result in a significant individual or cumulative effect on the quality of the humanenvironment.

I have concluded that this decision is appropriately categorically excluded from documentation in anenvironmental impact statement or environmental assessment as it is a routine activity within acategory of exclusion and there are no extraordinary circumstances related to the decision that mayresult in a significant individual or cumulative effect on the quality of the human environment. Myconclusion is based on information presented in this document and the entirety of the record.

A. Category of Exclusion

The decision is within the category of exclusion 36 CFR 220.6(e)(6) that includes, "Timber standand/or wildlife habitat improvement activities that do not include the use of herbicides or do notrequire more than 1mile of low standard road construction."

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B. Relationship to Extraordinary Circumstances

1. Threatened and Endangered Species or Their Critical Habitat and Regional Forester's SensitiveSpecies -

The Endangered Species Act (ESA) requires that federal activities do not jeopardize thecontinued existence of any species federally listed or proposed as threatened or endangered, or .result in adverse modification to such species' designated critical habitat. In accordance withSection 7(c) ofthis Act, a list of the listed and proposed, threatened or endangered species thatmay be present in the project area was requested from the U.S. Fish and Wildlife Service(Biological Assessment of Terrestrial Species, January 19,2016).

Terrestrial species. The action area for the analysis of terrestrial species was determined to beabout 181acres and encompasses an enlarged area where the fence will be constructed. It wasselected based on the limited effects associated with the proposal. No terrestrial plant or animalspecies regulated under the ESA occur within or adjacent to the action area. Therefore, theproposed action results in a "no effect" determination on listed terrestrial species or their criticalhabitats. (See Biological Assessment of Terrestrial Species, January 19,2016.)

Aquatic species. The action area for the analysis of the aquatic species is the area where the fencewill be constructed. No aquatic species regulated under the ESA or designated critical habitatoccur within the action area.. The lack of ESA listed fish species and designated critical habitatfor ESA listed fish species within the action area preclude the proposed action from having direct,indirect, or cumulative effects on ESA listed fish species and designated critical habitat for ESAlisted fish species. Therefore, the proposed action results in a "no effect" determination on ESAlisted fish species and a "no effect" determination for designated critical habitat. (See FisheriesMemo to Project File, January 15,2016.)

Sensitive species. Manual direction at 2670 requires analysis of potential impacts to sensitivespecies, those species for which the Regional Forester has determined population viability is aconcern. In February of2013, the Regional Forester approved the updated sensitive species listfor the Intermountain Region(http://www.fs.usda.gov/InternetiFSE_DOCUMENTS/stelprdb5370041.pdf). Potential effects ofthis decision on sensitive species have been analyzed and documented in a Biological Evaluationof Terrestrial Species (January 19,2016) and a Memo to the Project File (Fisheries)(January 15,2016) which concluded a "no impact" determination on all Forest sensitive species with thefollowing exceptions. The Biological Evaluation concluded that the proposed action results in a"may impact, but will not likely contribute to a trend toward federal listing or cause a loss ofviability to the population or species" determination for the great gray owl, boreal owl,flammulated owl, three-toed woodpecker, and northern goshawk because the proposed actionmay result in a minor disturbance to these species. This disturbance would be short-lived andoccur only when construction activities are occurring. The Biological Evaluation also concludedthat the proposed action results in a "may impact, but will not likely contribute to a trend towardfederal listing or cause a loss of viability to the population or species" determination forwhitebark pine because the proposed action may result in cutting of whitebark pine trees whichwould be a direct adverse effect.

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Design feature: Tree clearing along the fence line to maintain fence alignment is notexpected to be needed for this project. However, if necessary, not more than twentywhitebark pine trees would be removed from the fence line.

2. Floodplains, Wetlands, or Municipal Watersheds-

Floodplains: Executive Order 11988 is to avoid adverse impacts associated with the occupancyand modification of floodplains. Floodplains are defined by this order as, "... the lowland andrelatively flat areas adjoining inland and coastal waters including flood-prone areas of offshoreislands, including at a minimum, that area subject to a one percent [1OO-yearrecurrence] orgreater chance of flooding in anyone year."

The Kane Lake Trailhead Fence would cross the Kane Creek floodplain approximately 50 to 75ft. in width. The fence would be constructed of jacks and rails and would sit on the surface. Thefence would have a relatively small potential to capture floating debris in the Kane creek channeland floodplain that could create a potential obstruction of natural flow. The proposed fence in thislocation has some potential to degrade the Kane creek channel conditions and bank stability in thevicinity near the fence as the structure could cause livestock to congregate in this location. Thepotential benefits of excluding cattle from 2.3 miles of the Kane creek drainage and Kane Lakefar out weight the potential for channel degradation along 75 ft. of the proposed fence line. (Soiland Water Resources Specialist Report, January 12,2016).

Wetlands: Executive Order 11990 is to avoid adverse impacts associated with destruction ormodification of wetlands. Wetlands are defined by this order as, "... areas inundated by surfaceor ground water with a frequency sufficient to support and under normal circumstances does orwould support a prevalence of vegetative or aquatic life that requires saturated or seasonallysaturated soil conditions for growth and reproduction. Wetlands generally include swamps,marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mudflats, and natural ponds."

The proposed Kane Lake Trailhead Fence would traverse the Kane Creek floodplain and theassociated wetland. There is some potential for trampling and churning of wetland soils along theproposed fence line. Similar to the floodplain assessment the benefits of protecting the manyacres of wetlands along the Kane Creek floodplain far out weight the potential for some soildegradation along a short section offence. (Soil and Water Resources Specialist Report, January12,2016).

Municipal Watersheds:

There are no municipal watersheds in the project area. This decision will not affect municipalwatersheds (Soil and Water Resources Specialist Report, January 12,2016).

3. Congressionally Designated Areas -

Wilderness:

This decision does not affect Wilderness. The project is not in or near Wilderness.

Wilderness Study Areas:

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There are no Wilderness Study Areas in the decision area. This decision will not affectWilderness Study Areas. (Visual Quality/Inventoried Roadless Areas/Wilderness Memo to File,January 20th, 2016)

National Recreation Areas:

There are no National Recreation Areas on the Forest. This decision will not affect NationalRecreation Areas. (Visual QualitylInventoried Roadless Areas/Wilderness Memo to File, January20th, 2016)

4. Inventoried Roadless Areas-

The fence will likely be situated within the Pioneer Mountain #921 Idaho Roadless Area (IRA).This project will result in a range of effects from no change, no effect and in some instancesbeneficial effect to existing roadless characteristics and wilderness attributes within this Idaho.Roadless Area. ((Visual QualitylInventoried Roadless Areas/Wilderness Memo to File, January20th, 2016)

5. Research Natural Areas-

There are no Research Natural Areas in the decision area. This decision, with impacts limited tothe immediate area of activity, will not affect Research Natural Areas.

6. American Indian and Alaska native religious or cultural sites -

The Shoshone-Bannock Tribes were contacted for their input on this project in a letter datedDecember 18,2015. No tribal concerns were identified for this project.

7. Archaeological sites, or historic properties or areas -

Section 106of the National Historic Preservation Act requires federal agencies to take intoaccount the effect of a project on any district, site, building, structure, or object that is included in,or eligible for inclusion in the National Register. Section 106 of the National HistoricPreservation Act also requires federal agencies to afford the Advisory Council on HistoricPreservation a reasonable opportunity to comment. The Archaeological Resources Protection Actcovers the discovery and protection of historic properties (prehistoric and historic) that areexcavated or discovered in federal lands. It affords lawful protection of archaeological resourcesand sites that are on public and Indian lands. The Native American Graves Protection andRepatriation Act covers the discovery and protection of Native American human remains andobjects that are excavated or discovered in federal lands. It encourages avoidance ofarchaeological sites that contain burials or portions of sites that contain graves through "in situ"preservation, but may encompass other actions to preserve these remains and items. This decisioncomplies with the cited Acts. Surveys were conducted for Native American religious or cultural

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sites, archaeological sites, and historic properties or areas that may be affected by this decision.A 'no properties affected' determination was made by a Forest Service Archaeologist.Consultation and concurrence on this finding occurred with the State Historic Preservation Office(Cultural Resources Report, March 16th, 2016).

No other extraordinary circumstances related to the project were identified (see Project Record).

III. PUBLIC INVOLVEMENT

Public involvement included listing in the Forest's Schedule of Proposed Actions since December2015, direct mailings (December 18,2015), and a newspaper display ad (The Challis Messenger,December 24, 2015 and TheArco Advertiser, December 24, 2015).

The following tribal governments have been contacted for their input: Shoshone-Bannock Tribes(letter dated December 18,2015).

The following state and local governments have been contacted for their input: Custer CountyCommissioners (letter, December 18, 2015).

The following agencies have been contacted for their input: Challis BLM Field Office, Idaho Fish andGame, Idaho Department of Parks and Recreation, Custer County Extension (letter, December 18,2015).

The Idaho Roadless Commission was briefed on May 18, 2016 about the fence proposal withinformation about its status relating to the Idaho Roadless Rule (Idaho Roadless Briefing Paper,February 8, 2016).

Property owners potentially affected by this decision have been contacted for their input (letter,December 18,2015).

Permittees (ranchers, special uses) potentially affected by this decision have been contacted for theirinput (letter, December 18,2015).

The following potentially interested groups have been contacted for their input: Western WatershedsProject, Tri-County Cattlemen's Association, Office of Species Conservation, Wildlands Defense,Idaho Conservation League, Boone Creek Partnership (letter, December 18, 2015).

One comment letter was received related to this decision (see Project Record). Along with onecomment letter from an individual. Comments were received from the following agencies andorganizations: Idaho Park Department of Parks and Recreation (see Project Record).

Received comments were used to refine the project and analysis (See Project Record, Post CommentsDraft Project Proposal).

IV. FINDINGS REQUIRED BY AND/OR RELATED TO OTHER LAWS AND REGULATIONS

My decision will comply with all applicable laws and regulations. I have summarized some pertinentones below.

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Federal Land Policy and Management Act - This Act allows the granting of easements acrossNational Forest System Lands. The regulations at 36 CFR 251 guide the issuance of permits, leases,and easements under this Act. Permits, leases, and easements are granted across National ForestSystem lands when the need for such is consistent with planned uses and Forest Service policy andregulations. This decision is consistent with this Act.

Forest Plan Consistency (National Forest Management Act) - This Act requires the development oflong-range land and resource management plans (Plans). The Challis National Forest Plan wasapproved in 1987, as required by this Act. It has since been amended eighteen times. The amendedplan provides for guidance for all natural resource management activities. The Act requires allprojects and activities be consistent with the Plan. The Plan has been reviewed in consideration of thisproject. This decision is responsive to guiding direction contained in the Plan, as summarized inSection I of this document. This decision is consistent with the standards and guidelines contained inthe Plan (Biological Assessment and Biological Evaluation of Terrestrial Species, January 5, 2016;Fisheries Memo to File, January 12,2016; Soil and Water Resources Specialist Report, January 12,2016; Cultural Resources Report, March 16th, 2016; Visual QualitylInventoried RoadlessAreas/Wilderness Memo to File, January zo-, 2016).Endangered Species Act - See Section II, Item B1of this document. (See also Biological Assessmentof Terrestrial Species, January 5, 2016; Fisheries Memo to File, January 12,2016.)

Sensitive Species (Forest Service Manual 2670) - See Section II, Item B1of this document. (See alsoBiological Evaluation of Terrestrial Species, January 5, 2016; Fisheries Memo to File, January 12,2016.)

Management Indicator Species (MIS) for the Salmon-Challis National Forest. Consistent withregulations at 36 CFR 219.19 for this project, potential impacts (direct, indirect, and cumulative) tohabitats for pileated woodpecker, Columbia spotted frog, greater sage grouse, and bull troutpopulations were evaluated. This evaluation determined that the project would not affect the viabilityof the populations, and MISwill be maintained in the project area (Wildlife Memo to file, January19th2016, Fisheries Memo to File, January 12,2016).

Idaho Roadless Rule - This project is consistent with permissions for activities within the 2008 IdahoRoadless Rule (Idaho Roadless Briefing Paper, February 8, 2016)

Clean Water Act - This Act is to restore and maintain the integrity of waters. The Forest Servicecomplies with this Act through the use of Best Management Practices. There are no project specificBest Management Practices determined to be required for this project to ensure protection of soil andwater resources and be in compliance with the Clean Water Act. (Soil and Water Resources SpecialistReport, January 12,2016).

Wetlands (Executive Order 11990) - See Section II, Item B2 of this document.

Floodplains (Executive Order 11988) - See Section II, Item B2 of this document.

National Historic Preservation Act - See Section II, Item B7 of this document.

Archaeological Resources Protection Act - See Section II, Item B7 of this document.

Native American Graves Protection and Repatriation Act - See Section II, Item B6 of this document.

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Environmental Justice (Executive Order 12898) - This Order requires consideration of whetherprojects would disproportionately impact minority or low-income populations. This decisioncomplies with this Act. Public involvement occurred for this project, the results of which I haveconsidered in this decision-making. Public involvement did not identify any adversely impacted localminority or low-income populations. This decision is not expected to adversely impact minority orlow-income populations.

National Environmental Policy Act - This Act requires public involvement and consideration ofpotential environmental effects. The entirety of documentation for this decision supports compliancewith this Act.

V. ADMINISTRATIVE REVIEW OR OBJECTION OPPORTUNITIES

This decision involves a project or activity categorically excluded from documentation in an EA orEIS. It is not subject to administrative review (appeal or pre-decisional objection) pursuant to 36 CFR218.23(a).

VI. IMPLEMENTATION DATE

This decision may be implemented immediately and is expected to be completed within 2017.Pending material and equipment availability and site accessibility, implementation may occur laterthan 2017 but is expected to be completed in the same year it is implemented.

Implementation is scheduled to begin after July 15th, 2017.

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aKane Lake TrailhOlld F8nceSalmon-Challis National Forest

VICinity Map •

*Project Location

-Main RoadsD SalmonChallisNationalForest

File: T:\FSNFStSaimonOl-'Profed\SolJhZone\f950SmaINepaProjecls\GSU(anelakeTailhea<FerceM<D\\o1cini~r.K8neLakeTraiiheacj="enc9.lTJ(dPrqdm: UTM11N. N4D83p""",.,121100)15 0 80 160Miles

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Salmon-Challis National Forest .,

- ProposedFence'MldhorseAllotment BoundaryStreams

Roads~ RoadsOpen to All Vehicles,Yeartong;other Public Roads

Afe:T:\FS'lNFS\SaImonOlailicl.Pm;ectlSouthZone\1Ia5OSmaDNapaPrrJject!\GIS\KanalakIl'TMhudFenceNXD\ProjeclAreaKanelakeTraiI'IeadFenGefoAapJ.mxdPn3jeetion: UTM 11 N, NAD83,,",,",od:12/1"""" ° 0.1 0.2 Miles

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VII. CONTACT PERSON

Further information about this decision can be obtained from either District Ranger Allison Jackson(aiackson@fs.fed.us) or Range Management Specialist Birk Roseman (birkrroseman@fs.fed.us) atthe Lost River Ranger District:

Phone: 208-588-3400Mailing: PO 507 - Mackay, ID - 83251

Office: 716 W. Custer - Mackay, ID - 83251

VIII. SIGNATURE AND DATE

DateDistrict Ranger

USDA NON-DISCRIMINATION POLICY STATEMENTDR 4300.003 USDA Equal Opportunity Public Notification Policy (June 2, 2015)

In accordance with Federal civil rights law and u.s. Department of Agriculture (USDA) civil rightsregulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in oradministering USDAprograms 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 derivedfrom a public assistance program, political beliefs, or reprisal orretaliation for prior civil rights activity, in any program or activity conducted orfunded by USDA (not allbases 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 orUSDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal RelayService at (800) 877-8339. Additionally, program information may be made available in languages other thanEnglish.

Tofile a program discrimination complaint, complete the USDA Program Discrimination Complaint Form,AD-3027,found online at http://www.ascr.usda.govlcomplaint filing cust.html and at any USDA office orwrite a letter addressed to USDA and provide in the letter all of the information requested in theform. Torequest a copy of the complaint form, call (866) 632-9992. Submit your completedform or letter to USDA by:(1) mail: u.s. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 IndependenceAvenue, SW; Washington, DiC. 20250-9410; (2)fax: (202) 690-7442; or (3) email: program.intake{a),usda.gov

USDA is an equal opportunity provider, employer and lender.

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Appendix A

General Weed Prevention Practices for Site-Disturbing Projects and Maintenance Activities

Noxious weed prevention practices relevant to this project are included below from the USDAForestService: Guide to Noxious WeedPrevention Practices (Version 1.0, July 5, 2001).

• Locate and use weed-free project staging areas. Avoid or minimize all types of travel throughweed-infested areas, or restrict to those periods when spread of seed or propagules are leastlikely.

• Determine the need for, and when appropriate, identify sites where equipment can be cleaned.Clean equipment before enteringNational Forest System lands; a Forest Officer, incoordination with the Unit Invasive Species Coordinator, needs to approve use of on-Forestcleaning sites in advance. This practice does not apply to service vehicles traveling frequentlyin and out of the project area that will remain on tle roadway. Seeds and plant parts need to becollected when practical and incinerated. Remove mud, dirt, and plant parts from projectequipment before moving it into a project area.

• Clean all equipment, before leaving the project site, if operating in areas infested with weeds.Determine the need for, and when appropriate, identify sites where equipment can be cleaned.Seeds and plant parts need to be collected when practical and incinerated.

• Workers need to inspect, remove, and properly dispose of weed seed and plant parts found ontheir clothing and equipment. Proper disposal means bagging the seeds and plant parts andincinerating them.

• Inspect material sources on site, and ensure that they are weed-free before use and transport.Treat weed-infested sources for eradication, and strip and stockpile contaminated material beforeany use of pit material.

• Inspect and document the area where material from treated weed-infested sources is usedannually for at least three years after project completion, to ensure that any weeds transported tothe site are promptly detected and controlled.

• Maintain stockpiled, uninfested material in a weed-free condition.

• Retain native vegetation in and around project activity to the maximum extent possibleconsistent with project objectives.

• Minimize soil disturbance to the extent practical, consistent with project objectives.

• Revegetate .disturbedsoil (except travelways on surfaced projects) in a manner that optimizesplant establishment for that specific site. Define for each project what constitutes disturbedsoil and objectives for plant cover revegetation.

• Revegetation may include topsoil replacement, planting, seeding, fertilization, liming, and weed-

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free mulching as necessary. Use native material where appropriate and feasible. Use certifiedweed-free or weed-seed-free hay or straw where certified materials are required and/or arereasonably available. Always use certified materials in areas closed by administrative order;refer to Appendix 3 for a sample closure order. Where practical, stockpile weed-seed-free topsoiland replace it on disturbed areas (e.g. road embankments or landings)

• Use local seeding guidelines to determine detailed procedures and appropriate mixes. To avoidweed-contamination, a certified seed laboratory needs to test each lot against the all-Statenoxious weed list to Association of Seed Technologists and Analysts (AOSTA) standards, andprovide documentation of the seed inspection test. There are plant species not on State andFederal noxious weed lists that the Forest Service would consider non- native invasive weeds.Check State and Federal lists to see if any local weeds need to be added prior to testing. Seed lotslabeled as certified weed free at time of sale may still contain some weed seed contamination.Non-certified seed should first be tested before use.

• Inspect and document all limited term ground-disturbing operations in noxious weed infested areasfor at least three ( 5) growing seasons following completion of the project. For on-going projects,continue to monitor until reasonable certainty is obtained that no weeds have occurred. Providefor follow-up treatments based on inspection results.

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