Finding of No Significant ImpactPurpose and Need
This Finding of No Significant Impact (FONSI) documents the decision of the National Park Service to adopt a plan for the improvement of utility infrastructure in east Yosemite Valley and the determination that no significant impacts on the human environment are associated with that decision. The National Park Service plans to develop new consolidated utility corridors in the east Valley, reduce utility infrastructure within the Merced River and other environmentally sensitive areas identified for ecological restoration in the Yosemite Valley Plan, and provide efficient and environmentally sound utility service to areas proposed for development or redevelopment under the Yosemite Valley Plan. The plan proposes utility improvements to develop a utility system that maximizes the efficiency of utility operations and maintenance and minimizes the potential for future environmental impacts.
In order to implement many of the actions called for in the Yosemite Valley Plan, existing utility facilities in the east Valley must be upgraded, relocated and/or removed, or abandoned in place. Currently, east Valley utilities exist primarily in underground corridors that are dispersed throughout the east Valley, including in environmentally sensitive areas such as the riverbed, wetlands, meadows, and cultural resource sites. Development of a utilities improvement plan is needed to provide long-term guidance to utility infrastructure relocation and improvement. This will ensure that the utility system developed maximizes the efficiency of utility operations and minimizes adverse impacts on the park’s natural and cultural resources. Where possible, various utilities will be consolidated into integrated corridors to ensure adequate service to existing and proposed facilities. The integration of utilities into fewer corridors will reduce existing operation and maintenance impacts on park natural resources. This will be achieved by removing some utility infrastructure in the riverbed and floodplain and relocating utilities out of environmentally sensitive areas, thus facilitating the proposed ecological restoration of those areas identified in the Yosemite Valley Plan. The goals of the project are to:
§ ensure adequate service to east Valley facilities relocated or developed under the Yosemite Valley Plan, § implement upgrades needed to address previously identified utility condition and capacity issues, § maximize use of existing transportation and utility corridors and proposed new transportation corridors for placement of consolidated utility corridors, § minimize potential future impacts to environmentally sensitive areas, and § protect and preserve the Merced Wild and Scenic River as called for in the Merced Wild and Scenic River Comprehensive Plan (Merced River Plan).
The East Yosemite Valley Utilities Improvement Plan was developed to achieve these goals. A complete description of the plan and its environmental consequences are contained in the East Yosemite Valley Utilities Improvement Plan Environmental Assessment. Selected ALTERNATIVE and Alternatives Considered or Analyzed
The East Yosemite Valley Utilities Improvement Plan Environmental Assessment analyzed three alternatives, Alternative 1: No Action; Alternative 2: Implement East Yosemite Valley Utilities Improvement Plan with a Merced River Crossing near Housekeeping Camp; and Alternative 3: Implement East Yosemite Valley Utilities Improvement Plan with a Merced River Crossing near Sentinel Bridge. These alternatives were developed by the National Park Service based on the project purpose and need, issues raised during scoping, and other public comment. The East Yosemite Valley Utilities Improvement Plan Environmental Assessment disclosed the potential environmental consequences that may result from implementation of each alternative. Comments received during the public review of the East Yosemite Valley Utilities Improvement Plan Environmental Assessment were considered throughout the decision making process.
Alternative 1: No Action Alternative. The No Action Alternative would continue the existing management and operation of the utility systems currently operating within the east Valley. Maintenance of utility infrastructure is an ongoing park administrative responsibility, and this alternative would result in the continuation of routine operations, including repairs and maintenance of the various utility facilities as needed. This alternative specifically includes conducting emergency, immediate, and intermediate repairs required to comply with the California Regional Water Quality Control Board Cleanup and Abatement Order. This Order requires the National Park Service to address capacity and condition problems with the existing wastewater collection system in Yosemite Valley to resolve public health, safety, and environmental concerns related to recent utility failures.
Under the No Action Alternative, there would not be a consolidation of utility corridors in Yosemite Valley. The current dispersed utility corridors for water, wastewater, electric, and communications lines throughout the east Valley would remain in place. Utility corridors in the meadow areas identified for ecological restoration in the Yosemite Valley Plan would not be removed or abandoned. This could limit the range of options for ecological restoration and result in continued environmental degradation in these areas as utilities are repaired and maintained in the future.
The No Action Alternative would not provide service to the redeveloped or proposed new facilities identified in the Yosemite Valley Plan. This would adversely affect the National Park Service goal of providing opportunities for high-quality, resource-based visitor experiences and limit the park’s ability to implement many of the actions called for in the Yosemite Valley Plan.
Selected Alternative: Implement East Yosemite Valley Utilities Improvement Plan with a Merced River Crossing near Housekeeping Camp. The Selected Alternative identifies an East Yosemite Valley Utilities Improvement Plan with a new Merced River utility corridor crossing located near Housekeeping Camp. This alternative calls for the designation of new consolidated utility corridors, construction of new utility infrastructure to effectively serve existing and proposed facilities, removal of utility corridors in areas identified for ecological restoration in the Yosemite Valley Plan, and reduction of utility corridor crossings in the Merced River from 13 individual crossings to three consolidated crossings. This alternative also includes the wastewater system repairs required to comply with the California Regional Water Quality Control Board order, which were discussed under the No Action Alternative. The Selected Alternative does include Route Option A, as described in the environmental assessment for the Camp6/Cook’s Meadow area. The actions proposed under the Selected Alternative would ensure that the National Park Service’s investment in infrastructure provides for efficient utility services that protect park resources over the long term.
Alternative 3: Implement East Yosemite Valley Utilities Improvement Plan with a Merced River Crossing near Sentinel Bridge: Alternative 3 identified an East Yosemite Valley Utilities Improvement Plan with a new Merced River utility corridor crossing located near Sentinel Bridge. This alternative calls for the designation of new consolidated utility corridors, construction of new utility infrastructure to effectively serve existing and proposed facilities, and removal of utility corridors in areas identified for ecological restoration in the Yosemite Valley Plan. This alternative also includes the wastewater system repairs required to comply with the California Regional Water Quality Control Board order, which were discussed under the No Action Alternative. The actions proposed under Alternative 3 would ensure that the National Park Service’s investment in infrastructure provides for efficient utility services that protect park resources over the long term.
Alternatives Considered But Dismissed. The National Park Service considered six additional alternatives to the three alternatives evaluated in the environmental assessment. These six alternatives were dismissed from further consideration because they did not meet the project’s purpose and need or they were not consistent with the guidance and direction provided in the Merced River Plan and/or the Yosemite Valley Plan. These included:
Expand Existing Utility Infrastructure to New Development Areas. This alternative included keeping all existing utility infrastructure in place and constructing further expansions to the existing utility system to provide service to new or redeveloped areas proposed in the Yosemite Valley Plan. This would increase the number of utility lines dispersed throughout the Valley rather than consolidating utility lines into utility corridors. This alternative does not meet the goals of the Yosemite Valley Plan to minimize impacts to highly sensitive resources and allow restoration of environmentally sensitive areas. This alternative would cause unacceptable environmental and social impacts by increasing the number of utility corridors through environmentally and culturally sensitive areas. Park operations would also be adversely affected by the increased number of utility corridors to be maintained and operated as well as the costs associated with maintaining the many river and creek crossings.
East Yosemite Valley Utilities Improvement Plan with Superintendent’s Bridge Crossing. This alternative included implementation of the East Yosemite Valley Utilities Improvement Plan with the Merced River crossing located near Superintendent’s Bridge. This alternative would have resulted in a need to maintain the Yosemite Creek wastewater line crossing at the Yosemite Creek Lift Station. The existing wastewater line crossing at the Yosemite Creek Lift Station is currently being exposed in the creekbed of Yosemite Creek, limiting the ability to expand the crossing to accommodate water and wastewater lines and to lower the crossing to reduce impacts to the Merced River. The existing utility line crossing is already at the minimum acceptable elevation to be tied into the Yosemite Creek Lift Station. The increased engineering requirements, unacceptable environmental effects, and cost of this effort make this alternative technically and environmentally unreasonable to carry forward for further analysis.
Elevated River Crossing at Sentinel Bridge. This alternative included an elevated crossing of the Merced River at Sentinel Bridge by a consolidated utility corridor. It was determined that the arched stone design of the Sentinel Bridge does not allow for a means to incorporate the proposed utility lines onto the bridge. In addition to the engineering feasibility issues, drawbacks to this alternative included floodplain impacts, impacts to scenic resources from utility infrastructure visible on the underside of the bridge, and adverse operational impacts. This bridge has been subjected to damage from woody debris passing under the bridge during past flood events, as evidenced by scrape marks on the underside of the bridge. Due to the high water level experienced in this area during flooding, a utility line crossing under the Sentinel Bridge would likely be damaged in future flood events, resulting in utility outages and possible uncontrolled releases of sewage into the Merced River. This would be inconsistent with National Park Service floodplain policy that calls for projects to reduce the risk of flood loss and minimize the impacts of flooding on human health and safety. Constructing the utilities under Sentinel Bridge would also create inefficiencies for utilities operations and maintenance due to the arched design of the bridge.
Tecoya Residences Alternative Alignment. This alternative was dismissed from further consideration since there were other corridor alternatives available to meet the needs of this area with lesser environmental effects; therefore, this alternative was not consistent with the guidance of the Merced River Plan and the Yosemite Valley Plan.
Tenaya Creek Alternative Alignment. This alternative was dismissed from further consideration since there were other corridor alternatives available to meet the needs of this area with lesser environmental effects; therefore, this alternative was not consistent with the guidance of the Merced River Plan and the Yosemite Valley Plan.
Residence One Alternative Alignment. This alternative was dismissed from further consideration since there were other corridor alternatives available to meet the needs in this area with lesser environmental effects; therefore, this alternative was not consistent with the guidance of the Merced River Plan and the Yosemite Valley Plan.
Environmentally Preferred AlternativeThe environmentally preferred alternative is determined by applying criteria identified in Section 101 of the National Environmental Policy Act (NEPA) to each alternative considered. In accordance with NEPA, the environmentally preferred alternative would best: (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) assure for all generations safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk of health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritage and maintain, wherever possible, an environment that supports diversity and variety of individual choice; (5) achieve a balance between population and resource use that will permit high standards of living and a wide sharing of life’s amenities; and (6) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
The National Park Service has considered the alternatives in this analysis in accordance with NEPA and Council on Environmental Quality regulations (Section 1505.2) and has determined that the Selected Alternative, Alternative 2 as presented in the East Yosemite Valley Utilities Improvement Plan Environmental Assessment, is environmentally preferable based on its furtherance of the following National Environmental Policy Act goals as evaluated below.
The Selected Alternative will best fulfill the responsibilities of each generation as trustee of the environment for succeeding generations by implementing consolidated utility corridors that provide safe and efficient utility service to Valley facilities, while minimizing environmental impacts. The Selected Alternative reduces the existing concentration of utility infrastructure in river and creekbeds, floodplains, and other environmentally sensitive areas. This reduction in utility infrastructure would enhance the benefits expected from other projects planned to restore ecological systems in the Valley. It also provides efficient and environmentally sensitive utility service to development areas identified in the Yosemite Valley Plan. Alternative 1 would not fulfill the responsibilities because it would retain the existing concentration of utilities in the creek and riverbeds, floodplain, and other environmentally sensitive areas. This would result in ongoing adverse impacts to these areas associated with future utility maintenance and repair activities, and would limit the benefits from proposed ecological restoration projects that were identified in the Yosemite Valley Plan. Alternative 1 would not provide efficient and environmentally sensitive utility service to development areas identified in the Yosemite Valley Plan. Alternative 3 is similar to the Selected Alternative but would result in a longer utility corridor route that would affect more cultural resources than the Selected Alternative.
The Selected Alternative reduces utility infrastructure in environmentally sensitive areas, thereby allowing for proposed restoration of these areas as identified in the Yosemite Valley Plan. The Selected Alternative has been designed to minimize adverse effects on scenic and natural resources during construction. The Selected Alternative is expected to reduce the potential for future utility-related impacts on highly valued resources in Yosemite Valley by locating utility facilities in less environmentally sensitive areas, which would result in lower future adverse effects from utility maintenance and repair. Alternative 1 would maintain the existing concentration of utility infrastructure in environmentally sensitive areas, with high potential for adverse future effects on the surroundings. Alternative 3 is similar to the Selected Alternative but would result in a longer utility corridor route that would affect more cultural resources.
The Selected Alternative would attain the widest range of beneficial uses of the environment by reducing utility infrastructure in environmentally sensitive areas, such as river- and creekbeds, floodplains, and wet meadows. The reduced number of river and creek crossings would reduce risks to health and safety from utility failures in these areas. The proposed new utility corridors are sited to reduce undesirable and unintended consequences, namely, continued maintenance and repairs of utility facilities in environmentally sensitive areas. Alternative 1 would result in continued degradation of the environment and risk to health and safety due to the concentration of utility infrastructure in environmentally sensitive areas. Alternative 3 is similar to the Selected Alternative but would result in a longer utility corridor route that would affect more cultural resources.
The Selected Alternative is designed to consolidate utility infrastructure into corridors that would minimize impacts to environmentally sensitive areas. The reduction of total utility infrastructure in the Valley is expected to reduce the potential for future adverse effects to natural and cultural landscape resources. Construction of proposed utility corridors would disturb many archeological resources, although use of existing disturbed areas would minimize impacts to other cultural resources. In addition, the National Park Service will comply with the terms of the Programmatic Agreement to mitigate impacts to the archeological resources. Alternative 1 would retain the existing widely dispersed utility systems, resulting in higher potential adverse effects on natural and cultural landscape resources from utility maintenance and repairs in the future. Alternative 3 is similar to the Selected Alternative but would result in a longer utility corridor route that would affect more cultural resources, particularly in the area near Sentinel Bridge. Alternative 3 has the potential to affect 25 known archeological sites, as opposed to the 22 known sites potentially affected by the Selected Alternative. Alternative 3 also has the potential to affect an additional historic Native American habitation site and additional cultural landscape resources when compared to the Selected Alternative.
The Selected Alternative is designed to ensure safe and efficient utility services to developed areas in Yosemite Valley, while reducing the potential for future impacts to environmentally sensitive areas. This would achieve a balance between population and resource use, and permit high standards of living and a wide sharing of life’s amenities. Alternative 1 would result in more potential for future adverse effects to park resources due to the concentration of utility facilities in environmentally sensitive areas. Alternative 3 is similar to the Selected Alternative but would result in a longer utility corridor route that would affect more cultural resources.
The Selected Alternative would enhance the quality of renewable resources and approach maximum attainable recycling of depletable resources by reducing utility infrastructure in environmentally sensitive areas, and providing efficient utility service to developed areas. Alternative 1 would retain existing utility infrastructure dispersed throughout sensitive Valley resources. Alternative 3 is similar to the Selected Alternative but would result in a longer utility corridor route that would affect more cultural resources.
In conclusion, upon full consideration of the elements of Section 101 of NEPA, the Selected Alternative represents the environmentally preferable alternative for the East Yosemite Valley Utilities Improvement Plan. After review of potential resource and visitor impacts and developing mitigation for impacts to natural and cultural resources, the Selected Alternative achieves the greatest balance between the need to provide safe and efficient utility service to Valley facilities, while minimizing environmental impacts on the hydrological and biological processes in the Merced Wild and Scenic River in accordance with the Merced River Plan, and the protection and preservation of natural and cultural resources and visitor experience in the park.
Why the Selected Alternative Will Not Have a Significant Effect on the Human EnvironmentThe East Yosemite Valley Utilities Improvement Plan is designed to provide efficient utility service for existing facilities and those proposed in the Yosemite Valley Plan. The Yosemite Valley Plan calls for a reduction in visitor and employee accommodations in the east Valley as well as a reduction in facilities and infrastructure in the River Protection Overlay. The utility relocation, improvements and upgrades proposed in the East Yosemite Valley Utilities Improvement Plan are consistent with those goals. The relocated utilities have been designed for an expected daily use of 18,241 visitors, including both overnight and day use visitors. As a result, the project will not cause an increase in the number of visitors in the Valley. Most of the proposed improvements address upgrading and modernizing utility equipment and facilities to meet currently accepted engineering standards for safety and reliability. This project is not designed to increase overall utility capacity and current limits on wastewater treatment and water supply will not change as a result of this project.
The Selected Alternative results in a reduction of utility infrastructure in environmentally sensitive areas, including river and creek beds and areas identified for ecological restoration. Major utilities would be consolidated into corridors located under existing or proposed roads or in existing utility corridors. Although there will be short-term construction-related adverse effects associated with construction of the consolidated corridors and removal of the utilities in environmentally sensitive areas, the long-term ecological benefits of the Selected Alternative would more than compensate for the short-term adverse effects of construction.
Under the Selected Alternative, there will be local, short-term, minor, adverse impacts on soils associated with construction of utility corridors and removal of utilities in environmentally sensitive areas. However, the removal of utilities from highly valued soils in and around the river and floodplain would result in local, negligible to major, long-term benefits to wetland and other highly valued soils.
Overall, there will be local, long-term, minor, beneficial impacts to hydrologic processes and water quality due to the reduction of utility infrastructure within the river and creek beds and adjacent floodplain areas. There will be short-term, minor to moderate, adverse effects on hydrology and water quality related to construction and removal activities within the river and adjacent areas. These effects would be mitigated through use of Best Management Practices during construction. The Selected Alternative is consistent with the Merced River Plan elements of boundaries, classifications, zoning and the river protection overlay. A Section 7 analysis was completed and the project will not directly or adversely affect river values or free flow. The project will protect and enhance the Outstandingly Remarkable Values by reducing the number of utility crossings in the river and its tributaries, reducing the potential for future adverse effects. As discussed above, the project is designed based on the facilities and visitor use numbers identified in the Yosemite Valley Plan, which calls for a reduction in accommodations for visitors and employees within the River Protection Overlay, and on an expected daily use of 18,241 visitors in the Valley.
Under the Selected Alternative, there will be local, short-term, minor, adverse effects from construction and removal activities in wetland areas; however, there would be local, long-term, minor, beneficial effects on wetlands due to the reduction of utility infrastructure in wetland areas. The alternative would not substantially affect the size, integrity, or connectivity of wetlands in Yosemite Valley. The project complies with Executive Order 11990 (Protection of Wetlands) and Department of the Interior - Director's Order 77-1: Protection of Wetlands.
Overall, impacts to vegetation will include local, minor, short and long-term, adverse effects related to removal of vegetation during utility corridor construction. Construction related impacts to vegetation will be mitigated by minimizing the area disturbed, avoiding oak trees to the maximum extent feasible, controlling the importation of non-native plant species, developing revegetation and restoration plans, and monitoring the success of these plans. There would be local, long-term, minor to moderate, beneficial effects on meadow and riparian vegetation related to utility removals and restoration of more natural subsurface flows in these areas.
Implementation of the Selected Alternative will result in short and long-term, minor, adverse effects on wildlife and wildlife habitat from construction and removal activities. Construction related impacts to wildlife will be mitigated by minimizing the areas disturbed, surveying for the presence of sensitive wildlife species, timing construction to avoid sensitive time periods, and implementing Best Management Practices related to covering excavations, fencing areas, and refuse removal.
A total of 81 special-status species (59 wildlife and 22 plant species) have been considered in the evaluation of the East Yosemite Valley Utilities Improvement Plan. Species evaluated include federally listed threatened or endangered species; species of concern; state-listed threatened, endangered, and rare species; and species that are locally rare or threatened that are known to be or could be present within the planning area. The special-status species analysis focused on the Wawona riffle beetle, Mariposa sideband snail, Sierra pygmy grasshopper, western pond turtle, 10 special-status bird species, 10 special-status bat species, and 14 special-status plant species.
Construction and removal activities under the Selected Alternative would have local, short-term, minor, adverse impacts on the special-status species in and adjacent to construction areas. Effects would be related to disturbance by heavy equipment and human intrusions, as well as vegetation removal, decreased oxygen levels, the addition of silt, resuspension of sediment, and the possible introduction of pollutants (i.e., fuels and lubricants). The Selected Alternative would also have localized, short and long-term, minor, adverse impacts on special-status bird and bat species which, in addition to the effects described above could also include disruption of breeding activities or loss of some nesting habitat. Local, short-term minor, adverse effects on special status plant species also include soil disturbance and compaction, as well as root damage, and spread of non-native species. Mitigation measures described in the East Yosemite Valley Utilities Improvement Plan Environmental Assessment would minimize the potential for impacts to these species or their habitat.
Local, short-term, negligible to minor, adverse impacts to air quality are anticipated from construction and removal activities associated with the Selected Alternative. In the long term, the project would have local, long-term, negligible, adverse effects on air quality related to the addition of two new emergency generators that are periodically run for short periods for testing.
Construction and removal activities associated with
the Selected Alternative are anticipated to have local, short-term,
moderate to major, adverse impacts on the local noise environment in the
vicinity of construction activities. These impacts will be minimized
through use of mufflers and other noise mitigation techniques.
Cultural resources consist of archeological sites, traditional cultural resources, and cultural landscapes. Under the Selected Alternative, construction and removal activities would involve ground disturbance and could result in local, long-term, adverse effects to cultural resources. Potential adverse effects on archeological resources associated with the Selected Alternative would be avoided where possible through detailed construction planning, and minimized by pre-construction testing and data recovery where required based on test results. Effects would also be mitigated through the use of archeological and American Indian monitors who would implement measures to avoid and minimize effects as necessary. All mitigation would be implemented in accordance with the 1999 Programmatic Agreement Among the National Park Service at Yosemite, The California State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding Planning, Design, Construction, Operations and Maintenance, Yosemite National Park, California, and in consultation with associated American Indian tribes, as appropriate.
There are traditional cultural resources present in many areas affected by the Selected Alternative. The Selected Alternative would result in local, short-term, minor to moderate, adverse impacts to these traditional cultural resources. These impacts will be reduced to a minor intensity through implementation of mitigation measures that have been developed in consultation with local culturally affiliated tribal groups. The park will continue to consult and partner with culturally associated American Indian tribes to avoid and minimize impacts to traditional cultural resources.
The Selected Alternative will have local, short-term, minor, adverse effects on cultural and historic resources, such as the Valley Loop Trail and The Ahwahnee. These effects will be appropriately mitigated in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the Yosemite National Park Architectural Guidelines.
Construction activities associated with the Selected Alternative will result in local, short-term, moderate, adverse effects on scenic resources due to vegetation removal and the intrusion of construction activities into scenic views. There would not be any long-term adverse effects on views from popular vantage points or views of scenic features.
The Selected Alternative would have local, short-term, minor to moderate, adverse effect to visitor experiences and recreation due to temporary changes in access to some areas, as well as noise and odors associated with construction activities. Effects will be minimized through development of a Visitor Communication and Protection Plan to communicate information on construction activities to the public and to safely and efficiently route visitors around construction areas. The adverse effects would be short-term in nature and there would not be any long-term adverse effects to visitor experiences and recreation.
Implementation of the Selected Alternative will result in local, short-term, minor to moderate, adverse impacts on traffic volumes, circulation, and delays associated with construction of utility corridors under major roadways. These impacts will be minimized through development of a Visitor Communication and Protection Plan as discussed above. The Selected Alternative would not adversely affect transportation in the long-term.
The Selected Alternative would result in a long-term, negligible to minor, adverse impact to park operations from an increased number of lift stations and electric transformers to maintain. Park operations will benefit from a reduction of utility infrastructure within river and creek beds, wetlands, and other environmentally sensitive areas where utilities are difficult to access, maintain, and repair.
The Selected Alternative would result in a local and regional, short-term, negligible, beneficial impact to the region’s economy from the expenditures associated with construction and operation of the proposed utility facilities.
The East Yosemite Valley Utilities Improvement Plan Environmental Assessment analyzed cumulative impacts of the East Yosemite Valley Utilities Improvement Plan, and in no case were cumulative impacts considered significant. No elements of precedence have been identified, and implementation of the Selected Alternative will comply with federal, state, and local environmental protection laws.
Non-Impairment of Park ResourcesBased on the analysis provided in the East Yosemite Valley Utilities Improvement Plan Environmental Assessment, the National Park Service concludes that implementation of the Selected Alternative would not impair a resource or value whose conservation is:
The Selected Alternative will cause short-term adverse construction-related impacts and negligible or minor adverse impacts to certain resources. The magnitude of these impacts is not sufficient to impair park resources. Consequently, implementation of the Selected Alternative will not violate the National Park Service Organic Act of 1916.
MitigationTo ensure that implementation of the proposed project protects natural resources, Outstandingly Remarkable Values, and the free-flowing condition of the Merced Wild and Scenic River, and that it minimizes and mitigates adverse effects to cultural resources, a consistent set of mitigation measures would be applied. As part of the environmental review, the National Park Service would avoid, minimize, and mitigate impacts to the extent practicable. As such, the project shall avoid or minimize impacts to natural and cultural resources and be designed to work in harmony with the surroundings. The project shall reduce, minimize, or eliminate air and water nonpoint source pollution. The project shall be sustainable whenever practicable by recycling and reusing materials, minimizing materials, and minimizing energy consumption during the project. The following mitigation measures (table 1-1) have been incorporated into the project to avoid or reduce impacts to park resources.
Public Involvement and CoordinationPublic InvolvementOn January 8, 2003, Yosemite National Park issued a press release announcing the initiation of public scoping for the Yosemite Valley Integrated Utility Master Plan, now called the East Yosemite Valley Utilities Improvement Plan. Information on the project was published on the park Web site and discussed in the Planning Update newsletter distributed in April 2003. Information on the project was also available at park Open Houses held monthly from February through July. Press releases announcing the availability of the environmental assessment, describing the proposed action, and requesting comments were issued on July 11, 2003.
Onsite Public MeetingsInformation on the East Yosemite Valley Utilities Improvement Plan has been available at park Open Houses held monthly from February through August, 2003, at the Yosemite Valley Visitor Center, East Auditorium. In addition, information of the project was available at an Open House held by the park in Mariposa on June 23, 2003. The purpose of these meetings was to: (1) provide participants with an overview of existing conditions and the proposed action, (2) ask participants to identify key issues that should be analyzed during the environmental review and compliance process, and (3) provide an opportunity for participants to ask questions regarding project alternatives and the overall environmental review and compliance process. Dozens of individuals participated in discussions of the project with park staff over the course of these meetings. Issues discussed included road widths, utility corridor widths, utility capacities, and construction techniques for minimizing impacts.
Public CommentThe East Yosemite Valley Utilities Improvement Plan Environmental Assessment was released for a 30-day public review period beginning on July 18, 2003, and closing on August 18, 2003. On August 21, the National Park Service extended the public comment period to September 2, 2003, due to a discrepancy between the comment period closing date listed on the park web site and the comment period closing date listed in the cover letter in the environmental assessment. The environmental assessment was mailed to over 400 parties who had requested to be on the mailing list. The environmental assessment was also sent to dozens of public libraries, including the Mariposa County Public Library, the Oakhurst Public Library, the Los Angeles City Public Library, the San Francisco City Public Library, and many others.
In addition, the National Park Service held regular Open Houses to disseminate information and collect informal written comments on the East Yosemite Valley Utilities Improvement Plan and other projects. Hundreds
of people attended these meetings over the last several months and dozens participated in discussions with park staff on this project.
Comments received during the formal public comment period consisted of 21 letters, emails, and faxes from individuals and organizations. Analysis of this body of comments revealed a total of 69 distinct public concerns. Issues raised included the description of alternatives, the assessment of impacts on natural and cultural resources, compliance with the Wild & Scenic River Act, and issues related to utility capacity and Valley visitor capacity. None of the substantive comments received introduced relevant new information nor raised any issues not fully considered in the East Yosemite Valley Utilities Improvement Plan Environmental Assessment. Responses to the substantive comments and concerns are provided in the Errata Sheet (Part 2). No modifications to the Selected Alternative were made as a result of these public comments. Several of the public comments received requested the addition of nonsubstantive information or requested additional clarification. The information has been added to the environmental assessment through an Errata Sheet (Part 1). The Errata Sheet (Part 1) provides clarification that the project will not substantially change utility capacities within the Valley, nor will it result in widening Valley roads from their existing condition. The Errata Sheet (Part 1) also provides additional information on the limited type of construction activities that would be required to occur during nighttime hours, when wastewater flows are at their lowest level. The Errata Sheets will be distributed to all parties that received a copy of the East Yosemite Valley Utilities Improvement Plan Environmental Assessment with instructions for the Errata Sheets to be attached to the original environmental assessment.
CoordinationU.S. Army Corps of EngineersThe U.S. Army Corps of Engineers is coordinating with the U.S. Army Corps of Engineers regarding wetland permitting for the East Yosemite Valley Utilities Improvement Plan. A project briefing and site visit with the U.S. Army Corps of Engineers staff was conducted in March 2003. The National Park Service has submitted a Section 404 permit application to the U.S. Army Corps of Engineers and will ensure that a permit is in place before project implementation.
Central Valley Regional Water Quality Control BoardThe National Park Service is currently coordinating with the Central Valley Regional Water Quality Control Board to obtain required Clean Water Act Section 401 Water Quality Certification. The Central Valley Regional Water Quality Control Board is serving as the lead agency for California Environmental Quality Act review required for the Clean Water Act Section 401 Water Quality Certification and this environmental assessment serves as the environmental review document for the California Environmental Quality Act process. The National Park Service may be required to submit a report of waste discharge, obtain waste discharge requirements, or an individual waiver. No project implementation will occur until the appropriate permits or approvals are in place.
U.S. Fish and Wildlife ServiceThe Endangered Species Act of 1973, as amended (16 USC 1531 et seq.), requires all federal agencies to consult with the U.S. Fish and Wildlife Service to ensure that any action authorized, funded, or carried out by the agency does not jeopardize the continued existence of listed species or critical habitat. The National Park Service requested a list of federally listed and other sensitive species that may be affected by the project in January 2003. The U.S. Fish and Wildlife Service responded in writing on February 23, 2003, fulfilling the requirements to provide species lists under section 7(c) of the Endangered Species Act. The U.S. Fish and Wildlife Service has determined that the East Yosemite Valley Utilities Improvement Plan is not likely to adversely affect any threatened or endangered species or critical habitat.[1]
California State Historic Preservation OfficeA Programmatic Agreement among the National Park Service at Yosemite, the California State Historic Preservation Officer, and the Advisory Council on Historic Preservation regarding Planning, Design, Construction, Operations and Maintenance, Yosemite National Park, California was developed in consultation with Native American tribes having cultural association with Yosemite National Park and was executed in October 1999. Pursuant to Article VI of the Programmatic Agreement, the review process for Section 106 of the National Historic Preservation Act of 1966, as amended, is being conducted in conjunction with this NEPA review process. The National Park Service has provided notice to the California State Historic Preservation Officer regarding this project and will continue consultation with them regarding avoidance and minimization of adverse effects to historic properties.
Native American ConsultationNational Park Service consultation with culturally affiliated American Indian groups occurred throughout the development of the Yosemite Valley Plan. Yosemite National Park is consulting with American Indian tribes having cultural association with Yosemite Valley, including the American Indian Council of Mariposa County, Inc. (Southern Sierra Miwuk Nation), the Tuolumne Me-wuk Tribal Council, and the Mono Lake Indian Community on proposed actions under the East Yosemite Valley Utilities Improvement Plan. Information sharing and project planning has included face to face consultation sessions with the Southern Sierra Miwuk Nation on February 27, April 24, May 29, and June 26, 2003. Consultation and partnering will continue with the Native American Indian tribes throughout the planning and implementation of the East Yosemite Valley Utilities Improvement Plan. ConclusionBased on the information contained in the East Yosemite Valley Utilities Improvement Plan Environmental Assessment as summarized above, the nature of comments from agencies and the public, and the incorporation of the mitigation measures to avoid or reduce potential direct, indirect, and cumulative impacts, it is the determination of the National Park Service that the Selected Alternative, including Route Option A, is not a major federal action significantly affecting the quality of the human environment. No long-term adverse impacts to floodplains or wetlands would occur from the Selected Alternative. Therefore, the National Park Service finds the Selected Alternative to be acceptable under Executive Order 11988 for the protection of floodplains and Executive Order 11990 for the protection of wetlands. Therefore, in accordance with the National Environmental Policy Act of 1969 and regulations of the Council on Environmental Quality (40 CFR 1508.9), an environmental impact statement will not be prepared. The Selected Alternative, including Route Option A, as detailed in the East Yosemite Valley Utilities Master Plan Environmental Assessment may be implemented immediately.
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