Free Declaration - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

Document 42-13

Filed 08/15/2008

Page 1 of 3

EXHIBIT 12

Case 1:04-cv-00786-SGB

Document 42-13

Filed 08/15/2008

Page 2 of 3

lJSDA United States
i~ Department of Agriculture

Forest
Service

Sacramento Ranger District

Hwy 82 & Curlew, PO Box 288 Cloudcroft, NM 88317
(505) 682-2551

File Code: 2230

Date: June 6, 2006

Jimmy Goss, President Sacramento Grazing Association
PO Box 596

Weed, NM 88354
Dear Jimmy;

The Annual Operating Instruction (AOI) letter, for the 2006 grazing year, was sent to you on March i 7,2006. The AOI outlines the summer grazing schedule for the North and South Pastures and Atkinson/Nelson Pastures. Please take time to review the 2006 AOI at this time.
Key items to pay paiticular attention to include:
1. Up to 150 head in the North Pasture and 150 head

in the South Pasture.

2. . Up to 30 head in the Atkinson or Nelson Pasture (dependent on available water).
3. If water is not available in the Atkinson or Nelson Pastures, the 30 head authorized for

these fwo pasturés ca~ot be placed in the North or South Pastures of the summer range. These cattle wil hàve to be removed from. the allotment. Please notify Mark or myself when this has been done.
The AOI stated that most of

the livestock would be on the summer range by May 30. Since the issuance ofthe 2006 AOI letter, we have received very limited amounts of precipitation. The early May monitoring visits to the Noith and South pastures, conducted in conjunction with New Mexico State University Range Improvement Task Force (RITF), found forage production to be above the minimum standards required for livestock turnout. However, since that time, moisture has been limited and growth of any additional forage has been minimaL.
Based on discussions at the February 22nd meeting in Las Cruces with the RITF and my phone conversation with Dr. Fowler on March 9,2006, the RITF has committed to increase forage use monitoring to as frequent as biweekly, duiing the grazing period, and provide the data results the monitoring data the data collection to the Lincoln National Forest. If within 3 days of indicates that forage use levels wil not be met, livestock numbers wil be adjusted and moved the pastures immediately. Discussions with Dr. Fowler on the scheduling ofthe increased off monitoring visits wil be done by June 5, 2006.

the Sunspot pipeline this summe.r. Implementation of The AOI also discusses replacement of this project is critical to sustaining the authoiized numbers for the summer season and to providing additional water sources in the Sacramento river area. We have committed to provide the necessary materials, while SGA is responsible for the labor to install the pipeline. The RlTF

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Caring for the Land and Serving People

P,inied on Recycled Papei

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Case 1:04-cv-00786-SGB

Document 42-13

Filed 08/15/2008

Page 3 of 3

has also committed to assist with labor for the project. Clearance requirements are in process and mid-June. the project should be ready to implement in
The AOr also stated that taps on pipeline below Sacramento Lake should be functionaL. In late

April, Mark and I offered you a trough to install near the tap below Sacramento Lake that would closure. That offer is stil available. help alleviate the issue of access to water within the ex

An inspection report dated May 25, 2006, is enclosed documenting the fence repair work recently completed on all exclosure fences. At this time all fences are in good repair and cattle this letter. receipt of are to be removed from the exclosures within seven days of

Please reference Part 3 of your Modified Tenn Grazing Pennit dated 11/23/1999.
It is critical that SGA meet the Tenus and conditions of

your Modified Term Grazing pennit to

avoid any violations and non-compliance issues.
Sacramento Distiict personnel wil be inspecting each of documenting the condition of any of

the exclosures on a regular basis and

the exclosure. SGA wil be notified immediately if cattle are in

the exclosures and are expected to remove cattle within 5 days after notification.

After the five day period forest personnel wil conduct a follow.up inspection. If livestock are Non-Compliance wil be iss'ued. After the found within these areas after that time, a Notice of first initial vIolation and notification mentioned above, any following violations wIll not be allowed a 5-day waiting period, pennit action wil be initiated directly upon documentation of
unaüthorized livestock use of

the exclosures.

If you have any questions or concerns 'about the management of the Sacramento Allotment for the 2006 summer grazing season, please contact Mark Cadwallader or myself at 505) 682-255 i.

-i -- '7 ') .yJ --)-

..J/J1A'lI( k. .// /ClA~
FRANK MARTINEZ Distiict Ranger
Enclosure: May 25, 2006 Exclosure Inspection report
Cc: Forest Supervisor

Otero County Commissioners Dr. John Fowler Michael Van Zandt US Representative Steve Pearce