West Mojave plan : a habitat conservation plan and California Desert Conservation Area Plan amendment : final environmental impact report and statement

2005·189.9 MB·English

by  United States. Bureau of Land Management. California Desert District

_.3. Department ofthe Interior
Bureau of Land Management
California Desert District
22835 Calle San Juan De Los Lagos
Moreno Valley, CA 92553
January 2005
Final Environmental Impact Report and
Statement for the
West Mojave Plan
A
Habitat Conservation Plan and
California Desert Conservation Area
Amendment
Plan
Vol 2
To enhance the quality of life for all citizens through
the balanced stewardship ofAmerica’s public lands
and resources.
To sustain the health, diversity, and productivity of
„ „
'ShWft
the public lands for the use and enjoyment of
present and future generations.
To serve with honest)", integrity, accountability,
respect, courage, and commitment to make
a difference.
Our To improve the health and productivity ofthe land
PrwTitf/iS
BLM
to support the multiple-use mission.
To cultivate community-based conservation,
citizen-centered stewardship, and partnership
through consultation, cooperation, and
communication.
To respect, value, and support our employees,
giving them resources and opportunities to succeed.
To pursue excellence in business practices,
improve accountability to our stakeholders,
and deliver better service to our customers.
BLM/CA/ES-2004-005 [phone]
HO
XX
Ocxtf
U3
'I
<S.
APPENDICES
Appendices
List of Appendices
Appendix A 992 Memorandum ofUnderstanding
1
Appendix B Measures Applicable to Each Jurisdiction
Appendix C Implementation Tasks
Appendix D New and Revised ACEC Management Plans
Appendix E Wilderness Areas
Appendix F Mojave River Wild and Scenic River Eligibility Report
G
Appendix Incidental Take Permit Background Data
H
Appendix Climate and Air Quality
Appendix I Best Management Practices for New Construction in Tortoise
Habitat
Appendix J Desert Tortoise Threats Analysis
K
Appendix Kryzsik Trilogy
Appendix L Miscellaneous Tortoise Background Data
M
Appendix Mohave Ground Squirrel Background Data
N
Appendix Economics
O
Appendix Livestock Grazing
Appendix P Minerals
Appendix Q Utilities: Existing Biological Opinions
Appendix R Route Designation
Appendix S Carbonate Habitat Management Strategy
Appendix T Recreation
Appendix U Cultural Resources
Appendix V CEQA Scoping Comments
W
Appendix Caltrans Maintenance Activities
X
Appendix Biological Transition Areas Dropped from Further
Consideration
Y
Appendix Species Addressed by the Plan
Appendices
APPENDIX A
MEMORANDUM
OF
1992
UNDERSTANDING
Appendices
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN THE
U.S. BUREAU OF LAND MANAGEMENT
AND THE
UNDERSIGNED PARTICIPATING AGENCIES
FOR THE PURPOSE OF PLANNING AND IMPLEMENTING A PROGRAM TO CONSERVE WILDLIFE AND
PLANT SPECIES OF CONCERN IN THE WESTERN MOJAVE DESERT.
This Memorandum of Understanding (Memorandum) is made and entered Into as of the date of signature
by and among the U.S. Bureau of Land Management (BLM) and the undersigned local, state, and Federal
agencies. The signatories collectively are referred to as the "Participating Agencies."
WHEREAS, the Participating Agencies are among the Federal, State, and local agencies that have
administrative responsibility or regulatory authority under certain Federal and State statutes including the
Endangered Species Act of 1973, as amended (ESA), the California Endangered Species Act of 1984
(CESA), the National Environmental PolicyAct (NEPA), theCalifornia Environmental QualityAct (CEQA), the
Sikes Act, the Federal Land Policyand ManagementAct of 1976, asamended (FLPMA), State planning and
zoning laws, and local planning ordinances, and,
WHEREAS, these statutes direct the Participating Agencies to protect certain species of concern and their
habitats from adverse effects resulting from public and private development and actions, and,
WHEREAS, the various statutes and sources of authority under which the Participating Agencies operate
do not empowerany individual agencyto implement a comprehensive, multi-agency program forlong-term
viability of the species of concern, and,
WHEREAS, because ofthe overlap ofjurisdictions and lack of comprehensive authority, the private sector
cannot now be assured that project review will be timely or that mitigation, compensation, and other
requirements will be consistent among Participating Agencies, and,
WHEREAS, the Participating Agencies recognize the need for comprehensive and coordinated protection
ofthe species of concern, and theydesire to integrate their responsibilitiesand authorities in a coordinated
manner to ensure successful, timely, and mutually beneficial resolution of issues involving the species of
concern, and,
WHEREAS, the State and Federal agencies participating in this Memorandum desire that their regulatory
practicesand land use decisionswill complywith State and Federal environmental and endangered species
statutes and regulations and that their management actions will promote appropriate use and protection of
the desert land under their jurisdictions, and.
1
WHEREAS, the cities, counties, and otherlocal agencies participating inthis Memorandumdesirethattheir
land use regulations and decisions comply with State and Federal environmental and endangered species
statutes and regulations and that their planning decisions will promote continued economic growth and
development for their citizens, and,
WHEREAS, a Preparation Guide (also serving as a scope-of-work) has been prepared by the U.S. Bureau
ofLand Management (BLM), the U.S. Fish andWildlife Service (FWS), andthe California Departmentof Fish
and Game (CDFG) which defines the approach to the preparation of a coordinated, multi-species
management plan focused on certain species of concern,
1.0
THEREFORE, it is mutually agreed and understood that:
PURPOSE OF MEMORANDUM
The Participating Agencies have administrative and/or regulatory responsibilities over species of concern
in the western Mojave Desert. They have voluntarily entered into this memorandum to define their
2r.e0lationship in the development and implementation of a West Mojave Coordinated Management Plan and
to ensure mutual compliance with applicable statutes in the protection of the species of concern.
it is agreed that the Plan will be a coordinated multi-agency, multi-species management plan focusing on
certain species of concern enumerated as Target Species" in the Preparation Guide.
PURPOSES OF THE PLAN
The purposes of the Plan are:
2.1 Protection of Species of Concern To conserve and protect species of concern and the
.
ecosystems on which they depend within the western Mojave Desert
2.2 Provide Equity in Regulation To provide a comprehensive means to coordinate and
.
standardize mitigation and compensation requirements so that public and private actions will be
regulated equally and consistently, reducing delays, expenses, and regulatory duplication. It is
intended that the Plan will eliminate uncertainty in developing private projects and will prescribe a
system to ensure that the costs of compensation/mitigation are applied equitably to ail agencies
and parties.
2.3 Reduce Cumulative Effects To prescribe mitigation measuresfor privatedevelopment and
.
agency actions to lessen or avoid cumulative impacts to the species of concern and eliminate,
whenever possible, case-by-case review of impacts of projectswhen consistent with the mitigation
and compensation requirements prescribed by the Plan.
3.0 PLANNING PROJECT COMPONENTS
3.1 The Plan. The principal component of this effort is the preparation of the Plan. The Plan
will include the analysis of appropriate data, the delineation of management zones of habitat, and
thedefinition of management prescriptions (both mitigating and compensating) byhabitat category
for the species of concern. The Plan will Implement the guidance provided by, and be consistent
with, the Recovery Plan for the desert tortoise.
2
3.2 Section 10(a) and 2Q81 Permit Applications A number of applications for permits under
.
Section 10(a) of the ESA and Section 2081 of the CESA will be submitted to the FWS and the
CDFG, respectively, for the target species when the draft Plan is issued. The Plan will function as
the Habitat Conservation Plan (HCP) for the permit applications.
3.3 EiS/EiR. Concurrent with preparation and release ofthe draftand final plans, a joint draft
and final Environmental ImpactStatement/Environmental impact Report (EIS/EIR) will be prepared
and released which will satisfy Federal and State requirements, respectively.
3.4 Decision. The review of the Plan and the EIS/EIR by the FWS will result in a formal
consultation and Issuance of biological opinions forthetarget species, pursuantto Section 7 ofthe
ESA, to the Federal agencies that are participants in the planning effort for the Federal lands
involved. A concurrent review of the Plan, the EIS/EIR, and the Section 10(a) permit applications
by the FWS will result in the issuance of Section 10(a) permits, pursuant to Section 10(a) of the
ESA, to the local agencies that are participants inthe planning effortforthe private lands Involved.
A review of the Plan and the EIS/EiR bythe CDFG will result Inthe issuance of2081 permitsforthe
target species, pursuantto Section 2080 ofthe CESA, to local agencies that are participants in the
Plan effort for the private lands involved. Other appropriate decision documents will be issued by
the Participating Agencies.
3.5 Implementation Following receipt of the biological opinion, approval of the Plan, and
.
receipt of the 10(a) and 2081 permits, the signatories will revise their existing plans and policies to
conform with the Plan and the 10(a) and 2081 permits. The signatories will also ensure that future
plans, policies, and actions will be in conformance with the Plan and the Section 10(a) and 2081
permits. Future actionsoutsidetheterms oftheoriginal permit(s) and biological opinion(s) will need
further permits or consultations.
4.0
It is intended that the Plan will be the standard for dealing with the species of concern in the
western Mojave Desert. Any future 10(a) or 2081 permit applications related to the target species
submitted by local agencies, will be reviewed for conformance with the Plan.
Should the need arise to amend the Plan due to new Information or the development of more
effective management prescriptions or techniques, such amendment will occur through a
cooperative effort involving the agencies in the western Mojave Desert that are subject to the
biological opinions and 10(a) and 2081 permits already issued.
ROLE OF THE PARTICIPATING AGENCIES
Each Participating Agency agrees to provide to the BLM, without costto the BLM, the following information
and assistance:
4.1 Data. All relevant information it possesses for the lands within its jurisdiction.
4.2 Technical Assistance Staff and support to assist with the following planning tasks:
.
a. Developing management prescriptions relevant to the land within its jurisdiction.
b. Providing effective liaison with adjacent jurisdictions.
c. Developing and implementing a comprehensive public participation program to
ensure adequate public participation within its area of jurisdiction, as required by
State law or local ordinance.
3
d. Preparing 10(a) and 2081 permit applications for the (and within its jurisdiction, if
applicable.
e. Providing any other assistance and/or support as might be mutually agreed upon
with the BLM.
4.3 Point of Contact. Designate, In writing, the name of the Individual official(s) who will
function as the primary agency contact for coordination with the BLM.
4.4 Plan Conformance. Ensure that existing agency plans and policies are revised to conform
with the approved Plan and the 10(a) and 2081 permits.
5.0
4.5 Funding. Funding in accordance with the attached funding schedule. These funds will
offset costs of the planning effort not funded by the BLM.
ROLE OF THE BLM
The BLM agrees to provide the following resources and to perform the following functions consistent with
the general and specific guidance found in the Preparation Guide:
5.1 Lead Agency. Act as lead agency for the Plan. As lead agency, the BLM will provide
overall leadership and coordination among the Participating Agencies in the development of the
Plan. This includesfunctioning as Lead Federal Agency In complyingwith the NEPA in preparation
of the combined EIS/EIR.
5.2 Planning Team Personnel Provide the primary members of the planning team.
.
5.3 Facilities. Eouipment. and Support Provide officefacilitiesto house the planningteam and
.
provide necessary support such as office machines, supplies, etc. The BLM also agreesto provide
automated support, such as word processing and geographic information system products.
5.4 Data. Provide any relevant data in its possession for the use ofthe planning team and the
Participating Agencies and secure additional data on public lands as needed to allow completion
of the plan. The BLM also agrees to participate in the analysis of the data and formulation of
management prescriptions.
5.5 Public Participation Assumelead responsibilitiesforensuringadequatepublicparticipation
.
by public land users and interests and for overall public participation in the planning effort.
5.6 Point of Contact Designate, in writing, the name of the person designated as the primary
.
BLM contact for the planning effort.
5.7 Endangered Species Acts Submit the draft Plan and draft EIS/EIR to the FWS for formal
.
consultation and biological opinions under Section 7 of the ESA. The BLM will consolidate the
applications from local Participating Agencies for permits under Section 10(a) of the ESA and
Section 2081 of the CESA. The BLM will then submit those applications tothe FWS and the CDFG
for review and processing.
5.8 Plan Conformance Ensure that existing BLM plans, including the California Desert
.
Conservation Area Plan, are conformed to the final Plan.
4