Free Declaration - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

Document 42-5

Filed 08/15/2008

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EXHIBIT 4

Case 1:04-cv-00786-SGB
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Document 42-5

Filed 08/15/2008

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Servce Ranger District
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Forest Cloudcroft

P.O. Box 288 Cloudcrft. NK 88317

(505) 682-2551
Reply to: 2230

Date: October 16, 1992

Sacramto Grazing Association c/o Jimm GOBS (President)
Weed, New Mexico 88354

Dear Jimi:
This letter will serve to docunt our response to you recent request to graze the amll trap on the headwaters of the Rio Pensco. Your request
I'

involved the use of the trap from October 15 - Nover 3. with a maim of 50
were denied use since the original purose of the trap or exclosure was to 3xclude grazing use for th protection of Circium vinaceum haitat and
~tershed protection~ Exensive investigation of when and

bead of cattle. In your recent phone conversation with Mak Cadwallader, you stated tht you were allowed use of the trap in 3.989 and 1990 for

~roxiteiy the abve period of use and livestock numrs. In 1991, you

for wht purose
constructed revealed the following:

=he trap or exclosurewas originally

1) the west side of the trap or exclosure was created when the new highway ~ Rice Canyon was constructed and the ~i~ht.Of-Way fences were built.

. 2) the east side was part of the old ori.gi.nal bounda fence between the
formr Suit and Penasco Allotmnts.
3) the sOuth fence, apparently built in 1983, created the trap or exclosure in question. The pUrose of which was to protect critical

Circium vinaceum haitat on the 'headwaters of the Rio Pensco. Th
the U.S. Fish and Wildlife Service and the U. S .

project was accomlished through coordination with the formr permttee,
Forest Service.

~e decision to allow livestock use of the exclosure in 1989and 1990 was made

enied use in 1991. In addition, the exclosure has been s~leeted as critical
ani toring site to analyze long - term trend in Circium vinaceu populations.
s you are aware we are currently involved in forml consultation with the . S. Fish and Wildlife Service regarding grazing impacts on Circium Vinaceum. e have entered consultation under the premise tht the area in question is urrently ungrazed and will be maintained as a study si te. Allowing grazing se at this point could negatively affect our progress in resolving this

-ithout knowledge of the abe informtion and is the reasOn tht you were

ori tical issue.

~sed upon the above information, I feel it in the best interest for all JOcerned to deny your request for this year. If you have any addjtional

......~

\hf Caring for the Lad, Serving People

SG02436

Case 1:04-cv-00786-SGB
cadwallader at 682-2551.

Document 42-5

Filed 08/15/2008

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conerns tht were not addressed' in : thiB letter i please contact Mark

District Rager
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