Free Declaration - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

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Filed 08/15/2008

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EXHIBIT 23

Case 1:04-cv-00786-SGB
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Document 42-24
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Filed 08/15/2008

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i;î1~~ United States .\~;~~ß Departmeiit of.
Agriculture

33S-

Sacramento Ranger

P.O. Box 288

Service

District

Clouderoft, NM 88317
(505) 682-2551

File Code: 22 I 012230
Date: April 23, 2004

Sacramento Grazing Association C/o Jimmy Goss PO Box 596 Weed, NM 88354
Jimmy;

Annual Operating InStructions for 2004

Dear

This letter details your AnImal Operating Instructions for the 2004 grazing season on the Sacramento Grazing Allotment. We met with you on January 27 at the district offce to discuss the Annual Operating Instructions for 2004. At that meeting, you applied for the full pennitted numbers of553 head from 03/01 - 02/28 on the Sacramento allotment. r mentioned to you that r would not be able to approve that level of stocking for 2004, considering the use levels of2003. . Also during that meeting, I stated that at a later date, I would make a determination on the
number oflivestock that would be authorized to graze on the summer pastures. On March 30,

2004 I again met with you and Spike, Doug Moore attended this meeting, and discussed stocking numbers for this summer and again- r asked if you had put more thought into the stocking number for this summer and you stil felt that you wanted to go with the permit numbers of 553. The other delayin my response was that I was encouraged to wait until the April 14,2003 meeting to see what the monitoring process would be for this summer. This letter wil serve to document my decision.
The numbers you applied for in 2004 is a significant increase in grazing use over what you have been authorized on the allotment in the past few years. The monitoring data collected in 2003, indicated that forage use guidelines were not met on the allotment with the numbers permitted.
and the degree of elk use in 2003. You were authorized

to graze330 head onthe summerrange

the summer grazing season were well below thè.required minimums. The fall and winter had subnonnal moisture and even though we received above nonnal moisture in late March and early April, long turn forecasts stil predict a drier than normal trend in precipitation for 2004. Based on these factors, I cannot approve an increase in the authorized numbers for 2004. Considering the monitoring results from 2003 and the predicted subnormal moisture for 2004, I do not believe that approving 330 head, as authoiized last year, is ?ppropriate. I was asked by Doug Moore to work out some scenarios based on forage production and consumption which r have attempted to do and are enclosed in a separate document which I will mail to you.
in 2003. Residualleaflengths measured at the end of

livestock numbers for the

Based upon the information I have available to make my decision, I am approving the following 2004 grazing year:

~

C:iring for the Land and Serving People

'" .~ Prinied on Recvded Paoer ..

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A. LIVESTOCK NUMBERS & SEASON OFUSE:
The following numbers and classes oflivestock wil be permitted to graze the Sacramento Allotment this year.

Pei'mitted Livestock Numbers: . Allotment Term Season Dry 30 03/01- 05/15 Sacramento 230 03/0 1- 05/15 Sacramento 275 0511 6-10/31 Sacramento 275 i 1/0 I - 02/28

¡ ll j

, , , , , ! ¡

Total Numbers
30 230 275 275

,

!

B. GRAZING SYSTEM: Grazing Schedule or Pasture Sequence:
North Pasture 05/15 - 08/15 South Pasture 08/16 - i 0/31
H ei fer Pastures

Nelson 05/15 - 07/3 i
Atkinson 08/01 .. 10/31 Pay close attention to use levels along

the highway at

Atkinson Canyon)

Star bringig cattle up about May 15 into the North Pasture. It is very important to keep
cattle from drifting up from the west side prior to May 15th. The majority of should be on the summer range by May 30. Cattle placed on the Dry Allotment moved to the SUlTner range by May

the cattle

need to be

15.

A monitoring trip will occur about May 1 to assess forage conditions prior to livestock entry to the summer pastures.

A monitoring trip wil be scheduled around May 15, for the winter pasture to monitor use levels on winter range.
Key Areas: Uppel" Kerr Canyon, Benson Canyon, Lucas Canyon, Dark Canyon, Hay
Canyon, Brown Canyon, Wills Canyon, Rice Canyon, and McAfee Canyon. Key be monitored in May, August, and October to

areas will

determine compliance with forage use

standards. ..
Key spècies: Kentucky bluegrass, Minimum residualleaflength, 4 inches Orchard !:"Tass, Minimum residual leaf length, 6 inches length. 6 inches Smooth Brome, Minimum residual leaf

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Monitor leaflengths very carefully throughout the grazing season. Insure daily management practices are designed to maximize distribution oflivestock in all grazeableareas. Once minimum leaf lengths are met in the key areas and potential for re-growth is gone, livestock wil be moved out of the pasture.
Prior to the scheduled mid-season move to the South Pasture, leaflengths will be measured at key areas, cattle will not go into the South Pasture. They will be removed from the allotment until time to move on to the winter range. If the minimums described above are met in mid-August, cattè will be inoved into the South pasture. The pasture wil be monitored again towards the later part of September. If the 4 inch leaf length is not found at 3 of the 5 key areas, cattle
the key areas within the pasture. Ifleaf lengths are less than 3 inches at 3 or more will be removed from the summer range until time to go to the winter

range. In 2004, it is

critical that the minimum leaflengths prescribed in this dOcument be strictly adhered to. The prescribed minimums are set at a level that wil promote long-term health and sustainabiIity for key forage species and provide for otner multiply use values.

The data collected in 2003 indicate that elk had a significant impact on the forage use levels and leaflength measurements in key areas on the Sacramento Allotment. The New Mexico Department of Game & Fish is implementing a plan to significantly reduce the elk population in Game Management Unit 34. Approximately 2,1 60 hunting permits were issued in the fall

of 2003. The New Mexico Department of Game & Fish is'currently compiling hunter

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data to assess the present elk population in 2004. As of this date we have not been provided with the last elk count. The number of permits issued in 2004 is expected to be near the same level with a continued focus on an accelerated number of antlerless pennits.
harvest data and population survey

Unless precipitation patterns significantly change, subnormal forage production is expected this summer. If that occurs additional adjustments in livestock nuinbers at some point during the summer grazing season wilIbè required. This could include parial to total
again removal oflivestockat some point during the summer grazing season, if

the situation

becomes severe. The extent of actions taken wil depend on moisture patterns this spring and summer and its effect on annual forage production. Should drought conditions persist, it wouldbe wise for you to plan ahead on how to care for your livestock.
Winter Pastures

03/01 - 05/ i 5
11/01 - 02/28*

* In Spring 2005, Use of the Alamo Canyon Pasture will again be to 11/0 i - 01131. at the end of January and distributed to other winter pastures for the remainder of the winter grazing season. Up to 30 those may be moved to the Dry Canyon Allotment until mid-May. of
Livestock need to be moved out iì-om the Alamo Canyon Pasture

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Distribute livestock between the winter pastures as best as available water and forage will allow.
. Key

areas: Alamo Canyon, Pasture Ridge, Grapevine Canyon, and Burleson Ridge.

leaf len,brths, 2 inches on blue grama and

Key species wil be: blue grama and sideoats grama, allowable 45%, minimum residual 6 inches on sideoats grama.
have moved out to the summer

A spring inspection of the winter pastures after livestock

range is planned for late May.

An inspection of the winter pastures will be conducted in the fall to assess forage conditions after the 2004 growing season.

C. RANGE IMPROVEMENT MAINTENANCE:
The foIl

owing need to be completed this grazing season::

Replace the Wayne Trick Tank pad on Benson Ridge this year. Materials are on hand and

available when you are ready to complete the work.
Complete the Wright Springs pipeline and trough replacement project.
.",' ".
Continue with routine maintenance as assigned

in pem1it. Pay close attention to fence

maintenance across the allotment.

E. SALTING AND SUPPLEMENTAL FEEDING:
Salt and supplemental feed wil be used as a range management tool to draw livestock into areas ofIittle or no use. This normaIly does not include areas adjacent to water or canyon bottoms. Salt wil place at least ~ nile from water sources. In all instances, salt wil be
placed at least one half mile from occupied Circiurn vinaceum habitat.

E. PROTECTION:
The pennittee, his agents and employees, when acting within the scope of their employment, and his contractors and subcontractors wiIl protect the land and property of the United States, waived private land and other land under jurisdiction of the Forest Service covered by and used in conjunction with this permit. Protèction wil include taking all reasonable precautions to prevent, make diligent eff0l1s to suppress and report promptly all tires on or
endangeiing such land and property. During periods of extreme IÌre danger, branding fires
wil be prohibited or else be allowed by permit only.

All work on the allotment involving the use of heavy equipment sùch as excavation wil be accom plished only with prior approval ùf the Distrit:t Ranger.

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F. SPECIAL MANAGEMENT CONCERNS AND INSTRUCTIONS:

Circium viTlaceum

* It is critical that .use levels on Circium vinaceum populations be closely monitored. Ifuse
becoinèsa concern on any Cii~cium vinaceum population, livestock must be promptly

moved away from these areas.
Riparian and T&E plant exclosures as described in Paii 3 of

your Term Grazing Penni! are

closed to grazing. Livestock are not authorized to graze within the exclosures. The Forest
have recently filed declarations. As a result, no clearing of

Service does not reCObTfize any "easements" associated with water rights upon which you associated trees or excavations

with said easements are authoiized without approval by the DistriCt Ranger.

G: DROUGHl' MANAGEMENT PLANNING:
Long-tenn forecasts predict warmer than nonnal temperatures and drier than normal precipitation over the next few months. If this prediction is correct, lack of adequate moisture wil adversely affect forage production throughout the upcoming grazing season. Although itmay be too early to predict this year's rainfall, it is not too early to begin
i

I.

,r

.~ .. discussing alternatives if drought conditions persist. We may get sufficient moisture, but

it is

by no means assured. In the interim we wil need to work closely together to amend your persist or worsen. annual operating pbn if drought conditions
the range resource while strongly encourage you to closely monitor forage use levels using the guidelines in the Special Management Concerns described above. Range Improvement Task Force wil be doing some monitoiing this
Our mutual goal should be to protect the long-term productivity of s'ummer. I hope that our monitoring efforts and those of

considering the needs ofyourlivestock operation. I

Range Improvement Task Force wil

come together at some point so only one monitoring method is used. It is important that we communicate effectively to address proper hlfazing management and avoid emergency situations.

This decision is subject 10 administrative review, pursuant to 36 CFR 251.. and any appeal of this decision must befulZv consistent H/Zih 36 CFR 251.90 (see enclosed copy of36 CFR 251

regulations). In accordançe with 36 CFR 251. 84, ~fyou.fle an appeal, I am willng to meet with ,...:ou to discuss an~v concerns you may have H'it/i my decision. lfyoufile an appeal. you may
request aii oral pl'esentation in the appeal or at aiiy timè prior to closing of

the appeal record you (36 CFR 251.97). Additionanv, if file an appeal, you may request a stay o/my decision in the appeal or ai an,v time prior to the closing afthe appeal record (36 CFR 251.91).

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. A NOTICE OF APPEAL must befi/ed wrtli Jose Martinez. Forest Supervisor, Linco/nNF, at 110 r New York AvelZlie, Alamogordo, NM 883/ 0, within 45 days of the date of this decisiolZ. A copy of the notice 0.( appeal must "be.f/ed simultaneoiis~v with Frank Martinez, Saçranzento

District Ranger, Hig/nvay 82 and Curlew. Cloudcroft, NM 88317.
If you have any questions or concerns about the management of grazing season, please contact me or Rick Newmon of my staff

your allotiTIent(s) for the 2004 . at (505) 682-2551.

~J:tmd~
,

FRANK MARTINEZ District Ranger
Cc: Doug Moore

Forest Supervisor

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