CERTIFIED MAIL NO. 7099 3220 0005 1313 0054
RETURN RECEIPT REQUESTED

Conservancy of the Phoenix, Inc.
Reginald D. Atkins, President
P0 Box 4988
Casper, Wyoming 82604

Dear Mr. Atkins:

The Green Mountain Common Allotment (GMCA) does not meet the Rangeland Health Standard for public land riparian areas due to season-long livestock grazing year after year. The overuse of these rip arians areas with no rest or chance for recovery during the growing season has left them in a deteriorated condition. Because they do not meet the standard, we identified appropriate actions to improve the health of the public land riparian areas in the August 31, 1999 Notice of Final Decision.

Last grazing season all the public land riparian areas within the GMCA received heavy to severe utilization. Because of that and the drought conditions these past two years, we needed to make sure we did not graze the riparian areas too hard this grazing season. In accordance with our decision, the objective was to leave a 4-6" stubble height on riparian areas. This is especially important this year because drought conditions have severely limited any regrowth potential and we need to leave some plant material for wildlife habitat requirements as well as provide for the health and recovery of the degraded riparian areas.

This past November you received a letter from me concerning drought conditions on public lands administered by this office. The purpose of the letter was to identify appropriate actions that both the permittees and Bureau of Land Management could take well ahead of the coming grazing season.
On March 21, 2001, Lander Field Office staff met with the pennittees and the other members of the GMCA working group at the Fremont County Library in Lander. The purpose of the meeting was to discuss proposed drought management for the 2001 grazing season. Specifically, turnout dates, pasture rotation, herding, hot season grazing use and riparian areas, shortened grazing season or non use, reduced stocking levels, improving livestock distribution, and wildlife concerns were addressed.

On April 11, 2001, Lander Field Office staff met again with the permittees and the other members of the GMCA working group at the Fremont County Library in Lander. The purpose of the meeting was to discuss the annual operating plan and finalize drought management planning for the 2001 grazing season. The annual operating plan prescribed the grazing management actions to be conducted on the GMCA for this year. Specifically, turnout dates and locations, pasture rotation schedule, herding practices, hot season grazing use and riparian areas, shortened grazing season or non use, stocking levels, improving livestock distribution, and wildlife concerns were addressed. Stubble heights of 4 inches on riparian areas were identified as the standard that would be used to determine the movement of the livestock out of an area. In addition construction, maintenance, and operation of new and existing water developments, and riparian pasture fencing was discussed.

Over the course of the 2000-200 1 winter and during the spring and summer grazing seasons, drought conditions have continued and resulted in reduced forage production, limited riparian area growth, reduced available water sources, and heavy utilization levels near remaining water sources.

We believe that our current drought conditions require modifications to current livestock grazing management on the GMCA to protect and provide for the long term health of the public rangelands. Two of the actions that BLM has already taken on the GMCA are discussed below:

Hot Season Grazing Use and Riparian Areas
The GMCA grazing plan requires herding of livestock away from previously grazed riparian areas. Riparian areas have been severely affected by drought conditions in 2000 and 2001. Most rip arian areas received severe use levels by the end of the 2000 grazing season. By the end of the last summer, many of these areas had completely dried out and many small streams and springs stopped flowing all together. Inadequately managed riparian areas exhibited increased amounts of bare ground within the riparian zone.

Shortened Grazing Season or Non-use
The annual operating plan for GMCA required a shortened grazing season in 2001. The turnout date was delayed from May 1st until June 7th to provide for range readiness. Heavy grazing use, particularly on riparian areas, during this drought has resulted in reduced plant densities, reduced plant production, and reduced soil litter cover which increases the potential for accelerated soil erosion. These conditions are most evident near dependable water sources once again this grazing season. These conditions have required us to accelerate the pasture rotation schedule on the Green Mountain, Happy Springs, and Antelope Hills-Picket Lake Use Areas in order to meet resource management objectives.

On July 25, 2001, Lander Field Office staff made a field inspection with the permittees and other members of the GMCA working group of the East Alkali Creek and Bare Ring Butte Pastures of the Arapaho Use Area. As a result of unauthorized livestock use in these two pastures, only 1 - 2 inch stubble heights remained on the rip arian areas. These areas were the West Fork of Crooks Creek, Bare Ring Slough, West and East Arapaho Creeks, Crooks Creek, Sand Spring Creek and East Alkali Creeks. Because these use levels do not meet the 4-inch minimum stubble height requirement set forth in the August 31, 1999 Decision, or the requirements established in the March and April meetings for the 2001 grazing season in the GMCA, livestock grazing use in the East Alkali Creek and Bare Ring Butte pastures must be modified.

In order to provide for plant recovery from grazing to meet riparian, upland and wildlife habitat management objectives, it is my decision that cattle will not be authorized to graze in the East Alkali Creek and Bare Ring Butte Pastures of the Arapaho Use Area as scheduled. Three days of trailing use will be authorized to move cattle through these pastures.

The 2001 pasture rotation for the Arapaho Use Area is modified as follows:

1st Pasture - Eagles Nest Draw 06/07 - 08/19 (includes rounding up and trailing)
74 days
1st Pasture - Lost Creek 06/07 - 08/19 (includes rounding up and trailing)

2nd Pasture - Bare Ring Butte 08/20 - 08/22 (trailing only)
3 days

2nd Pasture - East Alkali Creek 08/20 - 08/22 (trailing only)
Total Season 77 days

No livestock will be authorized in the Arapaho Use Area after August 22, 2001, for the remainder of the 2001 grazing season. Any livestock, cattle or sheep, grazing after these dates will be considered unauthorized. Sheep use scheduled after November 1, 2001, will be addressed at a later time. A refund of paid grazing fees for use that will not be able to be made for the remainder of the grazing season will be issued.

43 Code of Federal Regulations (CFR) Section 4110.3-3 states that when the Field Manager (FM) determines that the soil, vegetation, or other resources on the public lands require immediate protection because of drought and when continued grazing use poses a significant risk of resource damage, and after consultation with the affected permittees, the interested public, and the State having lands or responsible for managing resources within the area, the FM shall close allotments or portions of allotments to grazing by any kind of livestock or modify authorized grazing use. Notices of closure and decisions requiring modification of authorized grazing use may be issued as final decisions effective upon issuance or on the date specified in the decision. Such decisions shall remain in effect pending the decision on appeal unless a stay is granted by the Office of Hearings and Appeals in accordance with 43 CFR 4.21.

In accordance with 43 CFR Section 4110.3-3(b) and Section 4160.3(1), this final decision for the Green Mountain Common Allotment is being placed in full force and effect. The effective date is today, August 3, 2001.

Implementation of this decision modifying the prescribed livestock grazing management for the GMCA for the remainder of the 2001 grazing season constitutes taking "appropriate action" under 43 Code of Federal Regulations (CFR) 4180.2(c), following our detennination that the Wyoming Standards for Rangeland Health are continuing to not be met this grazing season within the Arapaho Use Area. The actions implemented by this decision have been the subject of intensive consultation with the grazing permittees and other interested publics over the past 12 months.

An applicant, permittee, lessee or other persons whose interest is adversely affected by this final decision, may file an appeal and petition for stay of this decision pending final determination on appeal. The appeal and petition for stay must be filed in writing within thirty (30) days following the receipt of this final decision with Jack Kelly, Lander Field Manager, at the Lander Field Office, P.O. Box 589, 1335 Main Street, Lander, WY 82520.

The appeal shall state the reasons, clearly and concisely, why the appellant thinks this final decision is in error. Should you wish to file a petition for stay, you must show sufficient justification based on the following standards:

1. The relative harm to the parties if the stay is granted or denied;

2. The likelihood of the appellant~s success on the merits;

3. The likelihood of immediate and irreparable harm if the stay is not granted; and

4. Whether the public interest favors granting the stay.

If you decide to also submit a petition for stay of this decision, a copy of the notice of appeal, statement of reasons, and petition for stay should be simultaneously filed with the Office of the Regional Solicitor, Rocky Mountain Region, U.S. Department of the Interior, 755 Parfet Street, Suite 151, Lakewood, Colorado 80215.

If you have any questions regarding this full force and effect final decision, please call or visit me at this office.

Sincerely,

[Jack kelly]

Field Manager