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

2005·189.9 MB·English
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_.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 +1790-1600 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

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