Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

Document 35-6

Filed 04/29/2008

Page 1 of 7

Defendant's Exhibit E

.~ob.. United States Case 1:04-cv-00786-SGB

Forest

§i Department of Agriculture

Service

Sacramento Ranger DistrictFiled 04/29/2008 Hwy 82 & Curlew, PO Boxof 7 Document 35-6 Page 2 288 Cloudcroft, NM 88317
(505) 682-2551

File Code: 2230
Date: February 16, 2008

Jimmy

Goss

President Sacramento Grazing Association
Box 596

CERTIFIED MAIL - RETURN
RECEIPT REQUESTED NUMBER: ¡oOì Oì/o ()c:ls-i3ì~2í:Z

Weed, NM 88354

Dear Jimmy;

This letter details your Annual Operating Instructions for the 2008 grazing season on the Sacramento Grazing Allotment that was discussed on the February 4th meeting at the Cloudcroft

Vilage offce.
the 2008 grazing year. I am unable to approve your annual grazing application since your current Term Grazing permit authorizes a maximum for 4 i 2 head.
During the February 4th meeting you made application for 553 head for

In the summer of2007, 330 head were authorized to grae from May 1 to August 30. On 40 head was authorized for the remainder of the summer season due to good forage production and well distributed grazing use. The summer season started out very good due to good winter snows and spring moisture. The summer moisture during the monsoon was also good, resulting in conditions very favorable for improved forage production. The 2007 summer grazing season went well with the authorized numbers. Monitoring data collected in early November on fourteen monitoring sites found all 14 sites met the 4 inch guideline on short -mid species,.with an overall average of6.5 inches. The monitoring data collected in 2007 was collected jointly by the RITF and the ForestService. The 2007 grazing season was a great improvement over past years, so progress has been made. Forage use guidelines on the Sacramento Allotment have consistently failed until 2006 and 2007. For example: leaf lengths
September 1 an additional

on Kentucky bluegrass on FS key areas from 200 i thru 2005 on the summer pastures of the

Sacramento Allotment averaged 2.7 inches. Dr Holechek and Dr. Gaiës research, Grazing Intensity Guidelines June 2000, has categorized t1)at average leaf length to fall into a grazing intensity category of heavy use (51-60%). In the August 2004, Dr. Holechek and Dr. Galt
published an article titled "More On Stubble Height Guidelines". In that paper, a 2.5 inch leaf

length on Kentucky bluegrass was identined as the minimum stubble height for that species. The minimum stubble height was defined as the trgger point to potentially destock rangelands. During that period of years, leaf length measurements at the end of season measured below the critical leaflength of2.5 inches on Kentucky bluegrass on eighteen different occasions..
Pellet counts indicated that elk impacts on forage use in 2007 was much less th it has

many years. The Lincoln National Forest made recommendations to the New Mexico .

been in

Departent of Game & Fish to increase harest in 2007. I do agree that monitoring ihformation shows that the two-pasture deferred system used up until two years ago was not functioning as

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Caring for the Land and Serving People

Pnnled on Recyed Paper 0

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Case 1:04-cv-00786-SGB

Document 35-6

Filed 04/29/2008

Page 3 of 7

desired. The current foraging behavior ofthe elk herd does not provide seasonal deferment or rest on either the North or South PastUres. I am again instrcting you to scatter cattle in both pastures this summer and Forest Servce and the RITF wil monitor to see what impacts a change in management might have on elk distribution. Results of scattering livestock widely across both in 2006 and 2007. beneficial. main pastures were
I am authorizing 370 head for the 2008 grazing season. Monitoring Data summaries from 2007 show that the additional 40 head permitted over last years initial authorization should be able to be supported. The data shows very good forage conditions at the end of2007, but winter snows have been minimal with weather predictions of continued dry conditions into the spring months. Monitoring thrughout the grazing season wil be used to assess if additional numbers can he added or ifnumbers need to be reduced as the summer season progresses.
Cattle are scheduled for turnout on the summer pastures on May 15. Early turnout after May 1 and prior to May i 5 wil be considered if spring moisture improves over our current conditions, and pre-entry monitoring conducted at the end of April finds key species with new growth that new growth on Kentucky bluegrass). meets our current range readiness criteria (1 inch of

A. LIVESTOCK NUMBERS & SEASON OF USE: livestock will be permitted to graze the Sacramento The following numbers and classes of
Allotment for the 2008 grazing year. .

Permitted Livestock Numbers:

Allotment Term Season I Total Numbers
Sacramento/Dry (winter) 370 03/01 - 05/15 i 370*

Sacramento/Dry (winter) 370 11/01 - 02/28 370*
* Livestock numbers and season of use may be modified based on pre-turnout monitoring results and forage conditions during the grazing year. If forage use levels become a concern on the summer pastures, livestock could be moved to the winter pastures early into all pastures except Alamo Canyon. Use of Alamo Canyon Pasture wil not be authorized until November 1.

Sacramento (summer) 370 05/16 - 10/31 I 370*

B. GRAZING SYSTEM: Grazing Schedule or Pasture Sequence:
Alamo Canýon, Pasture Ridge, and Grapevine Canyon (up to 335 head) 03/01 - 05/15
Dry Canyon (up to 35 head)

03/01 - 05/15

Key

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

Key species wil be: blue grama and sid~oats gram leaflengths, 2 inches on blue grana and

a, allowable 45%, minimum residual
6 inches on sideoatsgrma.

. r

Salt wil be placed at least % rnile from water sources and known populations of

Sacramento PricldyPoppy. '

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Case 1:04-cv-00786-SGB

Document 35-6

Filed 04/29/2008

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A monitoring trip wil be scheduled in early June to monitor this past winter season use levels on the winter range.

North/South Pastures 05/15 - 10/31 up to 340 head
Star bringing cattle up in early May into the South Pasture. It is very important to 'keep cattle from drifting up from the west side prior to May 1. The majority ofthe catte should be on the summer range by mid-May. Scatter cattle in both the North and South Pasture with approximately 150 head in the Nort and 190 head in the South pasture. RITF and the Forest Service has jointly committed to monthly monitoring trps to monitor foragè use during the grazing period. RITF wil provide the USFS the data results ,within 3 days of the data collection. If it is determined through monitoring data that forage use levels wil not be met, livestock numbers wil be adjusted and moved off the pastures immediately after monitoring determines
resource concerns.

Heifer Pastures

Atkinson/Nelson
Scatter cattle

05/15 -10/31 up to 30 head

in both the Atkinson and Nelson Pastures. The 30 head wil be authorized throughout the summer season for as long as forage utilization levels and water allow. If it is determined through monitoring data that forage use levels wil not be met, livestock wil have to be moved off the allotment earlier than 10/31.
These cattle wil not be moved into the North and South pastures unless monitoring

data shows that forage availability in those pastures is suffcient to sustain the additional 30 head.
A monitoring trip wil occur in late April to assess forage conditions prior to livestock entry to the summer pastures.
Data collected by the RITF indicates there .areareas where forage utilzatIon is low, attaining good livestock distribution into t~ese areas' wil require a strong commitment on the par of

you as the permittee. Utilze herding, mineral supplements, water hauling, and protein blocks (possibly use Crystlx blocks) to aid in improving distribution.
Key Areas: Upper Kerr Canyon, Benson Canyon, Lucas Canyon, Dark Canyon, Hay Canyon, .Brown Canyon, Wils Canyon, Rice Canyon, and McAfee Canyon. Key areas wil be monitored in May, August, and October to determine compliance with forage use standards.
Key species: Kentucky bluegrass, Minimum residual leaf length, 4 inches
Smooth Brome, Minimum residual

Orchard grass, Minimum residual leaf length, 6 inches leaf length, 6 inches

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Case 1:04-cv-00786-SGB

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Filed 04/29/2008

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Monitor leaf lengths very carefully throughout the grazing season. Insure daily management livestock in all grazeable areas. Once minimum leaf lengt are met in the key areas and potential for re-growth is gone, livestock will be moved out of the pasture.
practices are designed to maximize distrbution of

Winter Pastures - 11/01 - 02/28. An October inspection will determine if approved

numbers need to be adjusted based on forage conditions prior to entry ofthe winter pastures.

Distrbute 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.

Key species wil be: blue grama and sideoats grama, allowable 45%, minimum residual leaf lengths, 2 inches on blue grama and 6 inches on sideoatsgrama.

C. RANGE IMPROVEMENT MAINTENANCE:
Insure that taps on pipeline below Sacramento Lake are functioning.
In 2007, approximately one mileof2" ID poly pipe was provided through RBF funds to

the Grapevine pipeline. Sunspot pipeline was completed down into McAfee Tank. The proposed extension from McAfee to Moore Canyon should be
repair approximately one mile of

done in 2008. Materials are programmed for this project. Implementation can begin after

September 1, 2008 since the area is within a Mexican spotted owl PAC with breeding seasons restriction for non-disturbance from March 1- August 31.
Currently full numbers are authonzed for the winter range of

the Sacramento Allotment (335

head). Additional numbers stil exist on the Dry Canyon Allotment in which you are

permitted up to 75 head. Authorization of additional numbers above the currently authorized 35 head wil be dependent upon additional water development on the allotment. The 4 existing trick tanks are not functionaL. Reconstruction ofthese water developments is needed pnor to any additional authorization of increased numbers on the Dry Allotment.

Complete the Wright Springs pipeline and trough replacement project. Remove all of the old pieces of black plastic pipe at Sid West Spring. Remove all old troughs and properly dispose of them. Please inform the district when this project is completed.
Continue with routine maintenance as assigned in permit. Pay close attention to fence
maintenance across the allotment. ..,

Insure that any pieces of old plastic

pipe, old fence wire, or any discarded materials

involved in range improvement maintenance be cleaned up and removed from Forest lands. Any range improvement maintenance that involves physical ground disturbance must have prior approval from the District Ranger. Please contact the district offce with any questions you may have regarding this project. .

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Case 1:04-cv-00786-SGB

Document 35-6

Filed 04/29/2008

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D. SALTING AND SUPPLEMENTAL FEEDING: Salt and supplemental feed wil be used as a range management tool to draw livestock into areas of little or no use. This normally does not include areas adjacent to water or canyon bottoms. Salt wil place at least ~ mile from water sources and known pnckly poppy
populations. This action wil be critical to achieving optimal

livestock distrbution across the

allotment. Salt wil be placed at least one half mile from occupied Sacramento mountain thistle, Circium vinaceum, habitat.
E. PROTECTION:
their employment, and his contractors and subcontractors will protect the land and property 0 f the United States, waived private land and other land under jurisdiction of the Forest Service covered by and used in conjunction with this permit. Protection will include taking all reasonable precautions to prevent, make diligent efforts to suppress and report promptly all fires on or endangering such land and property. During penods of extreme fire danger, branding fires will be prohibited or else be allowed by pemiit only.
The permittee, his agents and employees, when acting within the scope of All workon the allotment involving the use of heavy equipment such as excavation wil be accOmplished only with prior approval of the District Ranger.

F. SPECIAL MANAGEMENT CONCERNS AND INSTRUCTIONS: Monitoring ofthe prick/ypoppy in the Alamo Pasture wil continue in 2008. Small temporary
cages wil be installed to protect seedlings where the need is determined through monitoring.

Circium vinaceum * It is critical that livestock impacts on Circium vinaceum populations be closely monitored. ¡fuse becomes a concern on any Circiumvinaceiim population, livestock must be promptly moved away from these areas.

Riparian and T &E plant exclosures as described in Part 3 of your Term Grazing
Permit are closed to grazing. Livestock are not authorized to graze within the
exclosures. The Forest Service does not recognize any"easements" associated with

water rights upon which you have recently fied declarations. As a result, no clearing of

trees or' excavations associated with said easements are authorized witbout approval by the District Ranger.
G. DROUGHT MANAGEMENT PLANNING: The drought conditions we have experienced in the past few years lessened considerably since the summer of2006. Forage production across most ofthe distrct is much improved in recent years. Forage production in 2007 was generally good across over what it has been the district. Even with the improved conditions we have seen the past two summers, we are not sure what the 2008 grazing year will be like. We can oiiy speculate at this point whether the improved moisture patterns we had in 2006 and 2007 wil continue into 2008. Winter
precipitation was minimal in November, December, and Januar. Make sure that you have a

contingency plan for management of your livestock if drought conditions return this spring

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Case 1:04-cv-00786-SGB

Document 35-6

Filed 04/29/2008

Page 7 of 7

and. summer; . If conditions warant, we wil need to work closely together to amend your
. aiual operating instrctions in order to meet rangeland resource objectives.

Our mutual goal should be to protect the long-term productivity ofthe range resource while your livestock operation. I strongly encourage you to closely monitor forage use levels using the guidelines in the Special Management Concerns . described above. It is important that we communicate effectively to address proper grazing
considering the needs of

management and avoid emergency sitmitions.

If you have any questions or concern about the management of the Sacramento allotment for the 2008 grazing season, please contact Mark Cadwallader, Ralph Fink, or Amalia Montoya at (505) 682-255 i.
Sincerely~

fl'l1/C // Ild;;¡
FRAN R. MARTINEZ
Sacramento District Ranger
C~:.Forest Supervisor

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