BLM Breaks Fuel Interior Area Interior the St. the OFFICE Management of Focal 89801 of Management - Memorandum NV E. Land Land of Elko, 3900 Department of Record Sagebrush PREPARING Bureau U.S. Department Bureau U.S. Decision Owyhee

Decision Record - Memorandum Owyhee Desert Sagebrush Focal Area Fuel Breaks

Prepared by U.S. Department of the Interior Bureau of Land Management Elko, NV This page intentionally left blank Decision Record - Memorandum iii Table of Contents

_1. Owyhee Desert Sagebrush Focal Area Fuel Breaks Decision Record Memorandum ...... 1

_1.1. Proposed Decision ...... 1 _1.2. Compliance ...... 6 _1.3. Public Involvement ...... 7 _1.4. Rationale ...... 7 _1.5. Authority ...... 8 _1.6. Provisions for Protest, Appeal, and Petition for Stay ...... 9 _1.7. Authorized Officer ...... 9 _1.8. Contact Person ...... 9

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List of Figures Figure 1.1. Owyhee Desert Sagebrush Focal Area Fuel Breaks Map ...... 10

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List of Tables Table 1.1. Seasonal restrictions associated with raptor nesting periods. Disturbance would not occur where nesting or breeding behavior is documented by a wildlife biologist. Disturbance would be authorized within these date ranges if nesting or breeding behavior is not documented by a wildlife biologist, as long as other seasonal restrictions (such as migratory bird nesting and big game crucial seasonal restrictions) are followed...... 3

List of Tables This page intentionally left blank Chapter 1. Owyhee Desert Sagebrush Focal Area Fuel Breaks Decision Record Memorandum This page intentionally left blank Decision Record - Memorandum 1

1.1. Proposed Decision

The Bureau of Land Management (BLM), Elko District, has completed a Determination of NEPA Adequacy (DNA), DOI-BLM-NV-E020–2015–0043–DNA, to document an interdisciplinary review of existing NEPA documents in relation to the current proposed action. The proposed action is to expand fuel break treatments within the Owyhee Desert to protect large intact stands of sagebrush from wildfire. This will be completed through mechanical treatments (mowing and seeding where needed), and chemical cheatgrass control treatments (herbicide where needed). Approximately 5,500 acres of fuel breaks have been completed within the Elko District portion of the Owyhee Desert to date, encompassing approximately 100 miles of existing roads. The Northern Great Basin Fire and Invasive Assessment Tool (FIAT),(Appendix H) Approved and Northeastern California Greater Sage-Grouse Resource Management Plan Amendment (ARMPA)) identified the need to expand linear fuel breaks within the Owyhee Desert Project Planning Area (PPA) located within a designated Sagebrush Focal Area (SFA). Portions of the identified fuel breaks extend outside the SFA but are included because they are strategically located on main roads south of the SFA that are needed for slowing down the rate of fire spread and provide integral protection to the SFA and PPA in this remote landscape. This decision will authorize a vegetation treatment to construct and maintain additional fuel breaks along existing roads within the Owyhee Desert (see Figure 1.1, “Owyhee Desert Sagebrush Focal Area Fuel Breaks Map”). This treatment is designed as a fuel break to alter vegetation structure in order to modify fire behavior, intensity, complexity, size, and increase suppression effectiveness. The purpose for the treatment is to create a break in the continuity of fuels that will, in the event of a wildland fire, allow for suppression actions to be conducted safely and reduce overall fire size. The fuel break will provide multiple suppression anchor points across the Owyhee Desert. The fuel break treatment will reduce standing sagebrush, reduce flashy fine fuels such as cheatgrass, and create a more fire tolerant mosaic along roadsides. The project is directly designed to protect large intact areas of Greater Sage-Grouse (GRSG) habitat by reducing fuel load and threat of wildland fire, as well as enhance GRSG habitat by promoting native release of herbaceous understory vegetation and increased plant community diversity. Approximately 3,000 acres of sagebrush/grass community will be mowed using agricultural tractor(s) and rotary cutter(s). Treatment areas will be focused in areas where residual herbaceous vegetation is healthy and native release is expected. Portions of the fuel breaks will be seeded if a desirable understory is not expected after mowing treatment. The mowing will be completed in mosaic designs with irregular edges. Total width of the treatment will be from 300 to 400 feet with un-mowed strips of sagebrush approximately every 60-90 feet. Un-mowed islands will be approximately 30- 50 feet in width. Mowing height will be four to eight inches above the ground, conditions permitting. A combination of both island and strip methods will be used to leave corridors and intact habitat for wildlife species. This treatment is essential because if the area is left untreated there is a risk of permanently losing GRSG habitat to wildfire. The project would result in protection for large contiguous blocks of intact sagebrush which is important for GRSG habitat. Based on consultation with the Nevada Department of Wildlife (NDOW) and the United States Fish and Wildlife Service (USFWS), seasonal habitat restrictions would be imposed on the treatment from January 1- July 31. Areas that do not respond to mowing treatments with desired understory vegetation will be seeded with site appropriate native vegetation. To establish desired herbaceous understory vegetation, drill and/or aerial seeding will be conducted in areas where it is determined that native release is insufficient. Drill seeding will be accomplished using agricultural tractor(s) pulling range drills. Chapter 1 Owyhee Desert Sagebrush Focal Area Fuel Breaks Decision Record Memorandum Proposed Decision 2 Decision Record - Memorandum

Drill seeding involves the use of agricultural drill techniques to bury seeds to a depth of 1/4 - 3/8 inch. Native species such as Indian rice grass (Achnatherum hymenoides), bluebunch wheatgrass (Pseudoroegneria spicata), bottlebrush squirreltail (Elymus elymoides), thickspike wheatgrass (Elymus lanceolatus), western yarrow (Achillea millefolium), and Sandberg’s bluegrass (Poa secunda) will be utilized.

Also included within the BLM’s decision is the use of approved herbicides to contain and control annual grasses such as cheatgrass and other undesirable species. Cheatgrass is very invasive and can often out-compete other more desirable vegetation. In seeded areas, cheatgrass left unchecked can cause partial or total seeding failure. The use of approved herbicides to reduce the density and composition of annual grass or invasive species would be utilized on a case-by-case basis as one of various measures to maintain and improve GRSG habitat. This considers guidelines outlined in the 2000 Western Association of Fish and Wildlife Agencies (WAFWA) guidelines for GRSG habitat management. The uses of imazapic and glyphosate herbicide treatments will be available for use to suppress non-native annuals in order to improve the success of native forbs and grasses into the treatment areas. Environmental Design Features

Each treatment would include a number of features to ensure impacts are reduced to the extent possible. These are specific protective measures that would be identified for each treatment during the final design process. No treatments would be conducted within the Owyhee Canyon Wilderness Study Area.

Habitat Protection

1. Seasonal habitat restrictions for GRSG would be imposed on the treatment from January 1– July 31 where no implementation will occur.

2. Disturbance would occur outside of migratory bird nesting seasons, typically between April 1, and July 31, in order to avoid disturbing breeding and nesting activities. If disturbance must occur during the migratory bird nesting seasons, a pre-disturbance nesting bird survey must be conducted by a qualified BLM specialist no more than 2 weeks prior to the commencement of the disturbance. Should nesting or breeding behavior be documented by a BLM specialist, disturbance would be postponed or the area avoided. Should no nesting or breeding behavior be documented by a BLM specialist, disturbance would be authorized to begin no later than 2 weeks after the survey.

3. Any treatments during raptor nesting season would not commence until after completion of a pre-disturbance nesting raptor survey by a BLM specialist no more than 2 weeks prior to the commencement of the disturbance. Nesting seasons for raptors common to the Elko District is presented in Table 1. Should nesting or breeding behavior be documented by a BLM specialist, treatments would be postponed or the area avoided. Should no nesting or breeding behavior be documented by a wildlife biologist, treatment would be authorized to begin no later than 2 weeks after the survey.

4. Pre-maintenance surveys would be completed to ensure that no drill seeding would be done within 5 feet of active pygmy rabbit or burrowing owl burrows.

5. No temporary or new roads will be created. Chapter 1 Owyhee Desert Sagebrush Focal Area Fuel Breaks Decision Record Memorandum Environmental Design Features Decision Record - Memorandum 3

6. Treatment areas will be monitored both pre-and post-treatment on a multiple year basis to ensure that project objectives are achieved. Table 1.1. Seasonal restrictions associated with raptor nesting periods. Disturbance would not occur where nesting or breeding behavior is documented by a wildlife biologist. Disturbance would be authorized within these date ranges if nesting or breeding behavior is not documented by a wildlife biologist, as long as other seasonal restrictions (such as migratory bird nesting and big game crucial seasonal restrictions) are followed.

Common Name Scientific Name Nesting Period (dates are inclusive) Golden Eagle Aquila chrysaetos 1 January through 30 June Great Horned Owl Bubo virginianus 1 January through 30 June Long-eared Owl Asio otus 1 February through 15 May Short-eared Owl Asio flammeus 1 February through 15 June Prairie Falcon Falco mexicanus 1 March through 30 June Ferruginous Hawk Buteo regalis 1 March through 31 July Northern Harrier Circus cyaneus 1 March through 31 July Barn Owl Tyto alba 1 March through 31 July Northern Goshawk Accipiter gentilis 15 March through 15 July Sharp-shinned Hawk Accipiter striatus 15 March through 15 July Cooper’s Hawk Accipiter cooperii 1 April through 30 June American Kestrel Falco sparverius 1 April through 30 June Burrowing Owl Athene cunicularia 1 April through 30 June Red-tailed Hawk Buteo jamaicensis 1 April through 15 July Swainson’s Hawk Buteo swainsoni 1 April through 15 July

Roads/Access

1. Limited road maintenance may be completed in sections where it may be necessary for equipment access as part of the proposed action.

2. Any vehicle or equipment entering or exiting the treatment area will be cleaned of any noxious weed and/or non-native invasive plant parts. Known areas of noxious weed infestations will be avoided.

Cultural Resources

1. A Cultural Resource Inventory Needs Assessment Form (CRINA) will be completed to: establish the area of potential effect (APE), provide a summary of known resources present within the APE, evaluate inventory needs, and describe the methods (other than standard inventory) that will be used to analyze effects. The CRINA will be sent to the Nevada SHPO for a 5 day review period. As outlined in the CRINA, a cultural resource inventory will be performed for all or portions of the treatment area in conformance to the standards and procedures outlined in State Protocol Agreement between the Nevada BLM and Nevada SHPO. All historic properties will be flagged for avoidance prior to project implementation.

2. Pursuant to 43 CFR 10.4 (g), the authorized officer must be notified, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4 (c) and (d), all activities must stop in the immediate vicinity of the discovery and protected for 30 days or until notified to proceed by the authorized officer. Chapter 1 Owyhee Desert Sagebrush Focal Area Fuel Breaks Decision Record Memorandum Environmental Design Features 4 Decision Record - Memorandum

3. Soon after implementation (excepting cases of inclement weather) avoidance flagging will be removed from the project area and the avoidance area will be inspected for damages arising directly or indirectly from project implementation.

4. All historic properties (i.e. archaeological resources deemed eligible for inclusion on the National Register of Historic Places) will be avoided during project implementation. Avoidance will be achieved by placing flagging around the perimeter of the buffer surrounding the historic property. Buffer zones will be established depending on the nature of the archaeological resource, environmental context, and/or treatment type.

5. If cultural resources are discovered during treatment, activities which may damage or destroy such resources shall cease and the Project Coordinator shall be notified immediately.

6. Any damages noted as arising from project implementation (directly or indirectly) will be documented in full and considered as a potential Archaeological Resources Protection Act (ARPA) violation. Where appropriate, data recovery plans will be formulated to mitigate any such damages to historic properties.

Safety

During period of high fire danger, all equipment would be equipped with a functional spark arrestor. Operators would be required at a minimum to have a shovel on hand. No open fires would be allowed during fire restrictions.

Public Coordination

1. The livestock grazing permittee will be informed of anticipated treatment areas to be completed annually. Meetings would be coordinated by the BLM Range Management Specialist to ensure that there are no conflicts with any livestock grazing and water hauling operations in the Owyhee Allotment.

2. Any camp areas used by individuals working on the project or contractors will be cleaned of all trash and removed from public lands.

Herbicide Use

1. Non-Target Plant Buffers: All applications would be in conformance with Table 4-12 & Table 4-14, Buffer Distances to Minimize Risk to Vegetation from Off-Site Drift of BLM & Forest Service-evaluated Herbicides, of the 2007 Vegetation Treatments Using Herbicides Final Programmatic Environmental Impact Statement (BLM 2007).

2. Water Buffers: All range improvement water sources, troughs, and/or dirt tanks in the vicinity of the treatment area would be buffered a minimum of 100 feet to ensure exclusion from chemical treatment. All springs, creeks, rivers, and riparian areas will be buffered as per the chemical label, State law, and BLM’s Programmatic Environmental Impact Statement (PEIS) for Vegetation Treatments with Herbicides (BLM 2007).

3. Wind Restrictions: In order to avoid chemical “drift” during application herbicide, wind speed for aerial applications shall not exceed 6 mph; wind speed for ground applications shall not exceed 10 mph (as per 2007 Veg Treatments with Herbicides SOP Table 2-8 and BLM Handbook 9011-1 Chemical Pest Control). Chapter 1 Owyhee Desert Sagebrush Focal Area Fuel Breaks Decision Record Memorandum Environmental Design Features Decision Record - Memorandum 5

4. Noxious Weed Prevention: All terrestrial equipment (e.g. vehicles, hand tools, tractors, etc.) to be used in treatments would be cleaned before being brought to the project site, to avoid transferring noxious weed seeds.

5. Treatment Shape: Treatments would be designed to minimize impacts to visual resources by avoiding straight or block shapes. Applications containing glyphosate would be applied in spot treatments to minimize the impacts to non-target species.

6. Cultural Resources: If ground applications are used, then all historic properties (i.e. archaeological sites listed or eligible for inclusion on the National Register of Historic Places) will be avoided during project implementation. Avoidance buffers of at least 90 feet will be observed during project implementation.

7. Livestock Management: Livestock permittee would be notified within two weeks prior to the application of herbicides to assure that livestock are not within the project area when herbicide application is underway. Mechanical Mowing and Seeding:

Habitat Protection

1. Treatment areas would be completed in mosaic designs with irregular edges. Drill seeding operations would be completed following the contour of the land as much as possible to reduce potential water erosion. Intact stands of sagebrush and native perennial vegetation would not be disturbed.

2. A pattern of brush (“islands” and/or linear strips) would be left intact within the fuel break perimeter where mowing would be completed. These efforts would help to allow for a linear area, with discontinuous overstory vegetation, with effects as mentioned above.

3. Treatment areas would be seeded with native seed mixes Indian rice grass (Achnatherum hymenoides), bluebunch wheatgrass (Pseudoroegneria spicata), bottlebrush squirreltail (Elymus elymoides), thickspike wheatgrass (Elymus lanceolatus), western yarrow (Achillea millefolium), and Sandberg’s bluegrass (Poa secunda). The project area would be surveyed for pygmy rabbit and burrowing owl burrows. In the event of discovering burrows, areas would be avoided and design of project would be modified. Monitoring and Evaluation

The assigned BLM inspector will use standard contracting inspection procedures during the completion of the treatments. All treatments will be monitored by BLM to ensure that the vegetation objectives of the fuels treatment are attained, and forage utilization objectives are not exceeded. Areas would be seeded or re-treated when it is determined appropriate by BLM resource specialist(s) to meet desired objectives for establishment of vegetation in the fuel break.

A Pesticide Use Proposal (PUP) would be completed and authorized prior to completing the treatment and a Pesticide Application Record (PAR) would be completed after the treatment. Standards and guidelines for storage facilities, posting and handling, accountability and transportation as outlined in BLM Handbook 9011 (Pesticide Storage, Transportation, Spills and Chapter 1 Owyhee Desert Sagebrush Focal Area Fuel Breaks Decision Record Memorandum Mechanical Mowing and Seeding: 6 Decision Record - Memorandum

Disposal) Section II would be followed. There would be fundamental adherence to items listed in the Material Safety Data Sheet (MSDS) provided for the herbicide. 1.2. Compliance

Land Use Plan Conformance

The proposed action conforms to the 1987 Elko Resource Management Plan (RMP), as it was amended for fire management on September 29, 2004. The decision for Fire Prevention Component from the Approved Fire Management Amendment, page 13 includes “Vegetative manipulation, fuels reduction, greenstrips, fuel breaks.” The proposed action is consistent with resource objectives of the plan to: Use prescribed burning, mechanical, chemical, and biological (including grazing) treatments to reduce wildfire fuel hazards. Annual target acreage levels to reduce hazardous fuels are 24,000 to 60,000 acres. The proposed action also conforms to the Nevada and Northeastern California Greater Sage-Grouse Approved Resource Management Plan Amendment, approved September 21, 2015. The proposed action is consistent with the Special Status Species, Vegetation, and Fire Program Areas objectives and management decisions within the Amendment. Although the direct impacts of the fuel break do not make progress towards meeting all of the Habitat Objectives outlined Table 2-2, the indirect effects of the fuel break will provide maintenance and progress towards meeting the habitat objectives through landscape protection from wildfires. The proposed fuel breaks will reduce the risk of catastrophic wildfire from consuming large stands of intact sagebrush within the SFA. Compliance with the National Environmental Policy Act (NEPA)

The proposed actions have been analyzed in the following NEPA documents and were found to have no significant impacts: ● Elko District Vegetation Maintenance Treatment Project (DOI-BLM-NV-2010-0005-EA) Approved August 2010 ● Boulevard Fuels Reduction Project (DOI-BLM-NV-N020-2010-0019-EA) Date Approved, August 2010 ● Silver Lake Fuels Treatment (BLM/EL/PL-2008/018) Date Approved, October 2008 ● Vegetation Treatment on BLM Lands in 17 Western States Final Programmatic Environmental Impact Report and Vegetation Treatment Using Herbicides Programmatic Environmental Impact Statement (INT-FES-07-21), Date Approved September 2007 Compliance with Applicable Laws

The proposed action is further consistent with other Federal, state, local and tribal laws, regulations, policies and plans to the maximum extent possible. In addition to the many other management objectives and/or standards that apply to) GRSG and/or sagebrush (Artemisia spp.) habitats, both the Wells and Elko RMP’s require that alterations Chapter 1 Owyhee Desert Sagebrush Focal Area Fuel Breaks Decision Record Memorandum Compliance Decision Record - Memorandum 7 of sagebrush areas would be in accordance with the 1977 Western States Sage-Grouse Guidelines (Braun et al. 1977), as amended, and as future studies might dictate. In 2000 the Western Association of Fish and Wildlife Agencies (WAFWA) finalized an update of the 1977 guidelines (Connelly et al. 2000). The BLM, U.S. Forest Service, and the U.S. Fish and Wildlife Service signed a memorandum of agreement to consider these guidelines in their respective planning efforts, utilizing local expertise and quantitative data. In accordance with the existing Land Use Plans and the 2000 Memorandum of Agreement, the BLM considers the WAFWA guidelines in all GRSG and/or sagebrush habitat enhancement projects that occur on public lands and/or are federally funded. The proposed action is consistent with the following guidelines;

● Consider pre-emergent herbicides to retard cheatgrass germination in areas prone to cheatgrass invasion.

● Where the sagebrush overstory is intact but the understory has been degraded severely and quality of nesting habitat has declined (Table 3), use appropriate techniques (e.g., brush beating in strips or patches and interseed with native grasses and forbs) that retain some sagebrush but open shrub canopy to encourage forb and grass growth. 1.3. Public Involvement

There was public involvement in the development of the Environmental Assessments and Environmental Impact Statements listed above and included early coordination with affected interests and agencies. There was also extensive public involvement in the development of the Nevada and Northeastern California Greater Sage-Grouse Resource Management Plan Amendment. In addition the Nevada Department of Wildlife, Nevada State BLM Office and the Nevada Sagebrush Ecosystem Technical Team (SETT) approved the project through the Proposed Activities outlined in the Greater Sage-Grouse Habitat Form. Persons and Agencies Consulted

● NDOW –Steve Foree, Habitat Supervisor

● Permittee – Newmont Mining Inc.

● Sagebrush Ecosystem Technical Team

● Nevada BLM State Office 1.4. Rationale

This treatment is designed as a fuel break to alter vegetation structure in order to modify fire behavior, intensity, complexity, size, and increase suppression effectiveness. The purpose for the treatment is to create a break in the continuity of fuels that will, in the event of a wildland fire, allow for suppression actions to be conducted safely and reduce overall fire size. The fuel break will provide multiple suppression anchor points across the Owyhee Desert. The fuel break treatment will reduce standing sagebrush, reduce flashy fine fuels such as cheatgrass, and create a more fire tolerant mosaic along roadsides. The project is directly designed to protect large intact areas of GRSG habitat by reducing fuel load and threat of wildland fire, as well as enhance Chapter 1 Owyhee Desert Sagebrush Focal Area Fuel Breaks Decision Record Memorandum Public Involvement 8 Decision Record - Memorandum

GRSG habitat by promoting native release of herbaceous understory vegetation and increased plant community diversity.

The Northern Great Basin FIAT Assessment identified the need to expand linear fuel breaks within the Owyhee Desert PPA located within an SFA. Portions of the identified fuel breaks extend outside the SFA but are included because they are strategically located on main roads south of the SFA that are needed for slowing down the rate of fire spread and provide integral protection to the SFA and PPA in this remote landscape. 1.5. Authority

Based on the large expanses of continuous sagebrush cover within the Owyhee Desert, this wildfire management decision is issued under 43 CFR 4190.1 and is effective August 1, 2016. The BLM has made the determination that vegetation, soil, or other resources on the public lands are at substantial risk of wildfire due to fuels buildup. I have decided to implement the proposed action, as described, because:

1. The project will meet the need for conserving Greater Sage-Grouse Habitat to a management-approved condition, consistent with agency and Departmental policies and procedures.

2. The action conforms to and is consistent with the applicable RMP’s and the Nevada and Northeastern California Greater Sage-Grouse Approved Resource Management Plan Amendment.

3. The project has been planned to incorporate environmental design features and monitoring requirements. There are no extraordinary circumstances having significant effects that would require an environmental analysis.

Chapter 1 Owyhee Desert Sagebrush Focal Area Fuel Breaks Decision Record Memorandum Authority Decision Record - Memorandum 9

1.6. Provisions for Protest, Appeal, and Petition for Stay

This decision is subject to administrative appeal. Within 30 days of receipt of this decision, parties who are adversely affected and believe it is incorrect have the right to appeal to the Department of the Interior Board of Land Appeals, Office of the Secretary, in accordance with regulations at 43 CFR 4.4. Appellants must follow procedures outlined in the attached form 1842-1, “Information on Taking Appeals to the Board of Land Appeals.” An appeal should be in writing and specify the reasons, clearly and concisely, as to why the decision is in error. Appellants are requested to supply this office with a copy of the Statement of Reasons.

Also within 30 days of receipt of this decision, appellants have a right to file a petition for stay (suspension) of the decision together with an appeal, in accordance with the regulations at 43 CFR 4.21. The petition must be served upon the same parties identified in items 2, 3, and 4 of the attached form. The appellant has the burden of proof to demonstrate that a stay should be granted. 1.7. Authorized Officer

/s/ Bradlee Matthews Acting for Melanie Peterson 6/15/16

Melanie A. Peterson Date Field Manager, Tuscarora Field Office

1.8. Contact Person

For additional information concerning this Finding, contact. Matthew Murphy Elko District 3900 East Idaho St. Elko, Nevada, 89801 Phone Number (775) 753–0384

Chapter 1 Owyhee Desert Sagebrush Focal Area Fuel Breaks Decision Record Memorandum Provisions for Protest, Appeal, and Petition for Stay 10 Decision Record - Memorandum

Figure 1.1. Owyhee Desert Sagebrush Focal Area Fuel Breaks Map

Chapter 1 Owyhee Desert Sagebrush Focal Area Fuel Breaks Decision Record Memorandum