Att10_MelstoneDam_DecisionRecord_0005.pdf

Melstone Detention Dam Reconstruction

DOI-BLM-MT-C010-2023-0013-EA

October 2023

Eastern Montana Dakotas District

Billings Field Office

5001 Southgate Drive Billings, Montana 59101

Decision Record

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Decision It is my decision to select Alternative 2 – Proposed Action Alternative as analyzed in the

Environmental Assessment (EA) DOI-BLM-MT-C010-2023-0013-EA. This selected alternative means the Melstone Detention Dam would be reconstructed as described in the EA.

Authorities The project is in conformance with the Federal Land Policy and Management Act

(FLPMA) of 1976, as amended (P. L. 94-579;90 Stat. 2743; 43 U.S.C. 1701 et seq.)

Rationale for Decision Alternative 2 was selected as it represents the best method of achieving the project’s purpose and need. The selected alternative is in compliance with the 2015 Billings Field

Office and Approved Resource Management Plan (ARMP).

This project was posted on the BLM e-Planning website at https://eplanning.blm.gov on

May 8, 2023. A scoping period for this project began on May 8, 2023, and concluded on

May 22, 2023. The BLM BiFO did receive comments from the public during the scoping period which were addressed in the EA.

Alternatives Considered The analysis considered three alternatives: Alternative 1 – No Action Alternative, and

Alternative 2 – Proposed Action Alternative. The selected alternative, Alternative 2, is discussed above. Alternative 1 examined the impacts from not taking any action.

Terms and Conditions/Stipulations

• Construction activity and surface disturbance would be prohibited from March 15 to July 15 to protect sage grouse strutting activities and migratory birds.

• Disturbed areas shall be reclaimed and seeded with a BLM approved native seed mix (Appendix F: Reclamation), as soon as suitable conditions occur, to promote the quick recovery of vegetation and further reduce erosion potential.

• Silt fences would be placed such that any soil sediment is not allowed to reach the downstream stream channel.

• Construction activities would not be allowed when soils are moist enough to allow ruts greater than 4”.

• All vehicles and equipment will be thoroughly washed/cleaned prior to entering public lands to prevent the introduction of invasive species.

• All off site fill material/gravel shall come from weed free sources.

• To the extent practicable, all vehicles shall stay on established roads and trails to minimize disturbance.

• Following treatment, temporary roads, lines and other disturbances would be rehabilitated and reseeded with a certified native weed seed free mix if necessary.

https://eplanning.blm.gov/

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• Any weed treatments, i.e., spraying, pulling, mechanical, cultural will be completed within the parameters of BLM pesticide application regulations and

BMP’s.

• Mitigation measures will be implemented in compliance with the National

Historic Preservation Act including the following:

o A vendor table display information about the dam and its history at the

50th Annual Montana History Conference in Helena, Montana.

o The dam’s reconstruction and history will be posted to BIFO social media pages.

o Photos of the dam after reconstruction is complete will be posted to BIFOs social media pages.

o MTSHPO will be notified when the above mitigation measures are completed.

• Reclamation should re-establish native grasses, forbs, and shrubs during interim and final reclamation. The goal of reclamation is to achieve cover, species composition, and life form diversity commensurate with the surrounding plant community or desired ecological condition to the benefit of sage grouse and replace or enhance sage grouse habitat to the degree that environmental conditions allow.

• Weed management is required within a Core Area for sage grouse. Reclamation of disturbed areas must include control of noxious weeds and invasive plant species, including cheatgrass (Bromus tectorum) and Japanese brome (Bromus japonicas).

• Implementation of the Mitigation Plan is binding, and the signed Program letter and Mitigation Plan package shall be attached to any permit the State Issues. It is the Program’s and MSGOT’s expectation that the Mitigation Plan will be an integral part of any associated project permits.

• Compensatory mitigation for impacts to sage grouse habitat must be durable. The period of time that mitigation is effective and in place must be equal or greater in duration to the impacts being offset.

• Appendix F in the EA contains stipulations for Reclamation.

Compliance and Monitoring BLM will conduct compliance and monitoring inspections during and after construction.

Inspections will be performed to determine whether or not operations are being conducted in compliance with the approved contract. Monitoring inspections will be carried out to determine the effectiveness of mitigation measures, results of reclamation work, and impacts to other resources. Based upon the results of inspections, BLM will impose requirements to modify operations to minimize or eliminate adverse impacts to other resources.

Appeal of the Decision The decision may be appealed to the Interior Board of Land Appeals, Office of the

Secretary, in accordance with the regulations contained in 43 CFR Part 4. Public

P a g e | 3 notification of this decision will be considered to have occurred on (Include the date that

Decision was signed). Within 30 days of this decision, a notice of appeal must be filed in the office of the authorized officer at (address of the authorized officer). If a statement of reasons for the appeal is not included with the notice, it must be filed with the Interior

Board of Land Appeals, Office of Hearings and Appeals, U.S. Department of the

Interior, 801 North Quincy St., Suite 300, Arlington, VA 22203 within 30 days after the notice of appeal is filed with the authorized officer.

If you wish to file a petition for stay pursuant to 43 CFR Part 4.21(b) (or cite applicable programmatic rules for petition for stay), the petition for stay should accompany your notice of appeal and shall 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 irreparable harm to the appellant or resources if the stay is not granted, and

4. Whether the public interest favors granting the stay.

If a petition for stay is submitted with the notice of appeal, a copy of the notice of appeal and petition for stay must be served on each party named in the decision from which the appeal is taken, and with the IBLA at the same time it is filed with the authorized officer.

A copy of the notice of appeal, any statement of reasons and all pertinent documents must be served on each adverse party named in the decision from which the appeal is taken and on the Office of the Field Solicitor, U.S. Department of the Interior, 2021 Fourth Avenue

North, Suite 112, Billings, Montana 59101, not later than 15 days after filing the document with the authorized officer and/or IBLA.

Nathaniel L. Arave Date

Field Manager

Billings Field Office

10/24/2023