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Appendix A |
Appendix
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Record of
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Appendix
A: Yosemite Valley Plan Mitigation Measures
Yosemite
Valley Plan Mitigation Measures from the
Final Environmental Impact Statement
Mitigation
Measures Common to All Action Alternatives
To ensure that implementation of the action alternatives protect natural
and cultural resources and the quality of the visitor experience, a
consistent set of mitigation measures would be applied to actions that
result from this plan. These mitigation measures would also be applied
to future actions that are guided by this plan. The National Park Service
would prepare appropriate environmental review (i.e., those required
by the National Environmental Policy Act, National Historic Preservation
Act, and other relevant legislation) for these future actions. As part
of the environmental review, the National Park Service would avoid,
minimize, and mitigate adverse impacts when practicable.
Best
Management Practices During Construction
The following best management practices would be implemented, as appropriate,
prior to, during, and/or after specific construction (for the purposes
of this discussion, construction includes major repair and/or rehabilitation,
demolition, deconstruction, reconstruction, restoration, etc.). Specific
tasks would include, but are not limited to, the following:
-
Implement
a compliance-monitoring program in order to stay within the parameters
of National Environmental Policy Act and National Historic Preservation
Act compliance documents, U.S. Army Corps of Engineers Section 404
permits, etc. The compliance-monitoring program would oversee these
mitigation measures and would include reporting protocols.
-
Implement
a natural resource protection program. Standard measures could include
construction scheduling, biological monitoring, erosion and sediment
control, use of fencing or other means to protect sensitive resources
adjacent to construction, removal of all food-related items or rubbish
to bear-proof containers, topsoil salvage, and revegetation. The
program could include specific construction monitoring by resource
specialists as well as treatment and reporting procedures.
-
Implement
a cultural resource protection program. Standard measures could
include consideration of adaptive reuse, relocation, and salvage
of historic building materials; archeological monitoring during
ground-disturbing activities (in keeping with the 1999 Programmatic
Agreement); use of fencing or other means to protect sensitive resources
adjacent to construction; and preparation of a discovery plan to
handle unanticipated exposure of buried human remains. The program
could include specific construction monitoring by resource specialists
and culturally associated Indian people, as well as treatment and
reporting procedures.
-
Implement
a traffic control plan, as warranted. Standard measures include
strategies to maintain safe and efficient traffic flow during the
construction period.
-
Implement
a dust abatement program. Standard dust abatement measures could
include the following elements: water or otherwise stabilize soils,
cover haul trucks, employ speed limits on unpaved roads, minimize
vegetation clearing, and revegetate post-construction.
-
Implement
standard noise abatement measures during construction. Standard
noise abatement measures could include the following elements: a
schedule that minimizes impacts to adjacent noise-sensitive uses,
use of the best-available noise control techniques wherever feasible,
use of hydraulically or electrically powered impact tools when feasible,
and location of stationary noise sources as far from sensitive uses
as possible.
-
Implement
a noxious weed abatement program. Standard measures could include
the following elements: ensure construction-related equipment arrives
on site free of mud or seed-bearing material, certify all seeds
and straw material as weed-free, identify areas of noxious weeds
pre-construction, treat noxious weeds or noxious weed topsoil prior
to construction (e.g., topsoil segregation, storage, herbicide treatment),
and revegetate with appropriate native species.
-
Implement
a spill prevention and pollution control program for hazardous materials.
Standard measures could include hazardous materials storage and
handling procedures; spill containment, cleanup, and reporting procedures;
and limitation of refueling and other hazardous activities to upland/nonsensitive
sites.
-
Implement
measures to reduce adverse effects of construction on visitor safety
and experience.
-
Implement
a notification program. Standard measures could include notification
of sensitive receptors, utilities, and emergency response units
prior to construction activities.
-
Implement
an interpretation and education program. Continue directional signs
and education programs to promote understanding among park visitors.
-
Use silt fences,
sedimentation basins, etc. in construction areas to reduce erosion,
surface scouring, and discharge to water bodies.
-
Develop revegetation
plans for the disturbed area and require the use of native species.
Revegetation plans should specify seed/plant source, seed/plant
mixes, soil preparation, etc. Salvage vegetation should be used
to the extent possible.
-
Delineate
wetlands and apply protection measures during construction. Wetlands
would be delineated by qualified National Park Service staff or
certified wetland specialists and clearly marked prior to construction
work. Construction activities should be performed in a cautious
manner to prevent damage caused by equipment, erosion, siltation,
etc.
-
Develop architectural
character guidelines for new construction in or near historic districts.
All new development would be designed to be compatible with historic
resources in terms of scale, massing, materials, architectural elements,
and orientation with designated historic sites, structures, or districts.
Resource-Specific
Measures
Hydrology, Water Quality, and Floodplains
Mitigation measures would be applied to protect water resources (also
see Soils, below). These shall include the following:
-
Take measures
to control erosion, sedimentation, and compaction and thereby reduce
water pollution.
-
Immediately
remove hazardous waste materials from project sites.
-
Place construction
debris in refuse containers at least daily.
-
Dispose of
refuse at least weekly. No refuse would be burned or buried inside
the park.
-
To the extent
possible, schedule construction activities during periods of low
precipitation and low groundwater to reduce the risk of accidental
hydrocarbon leaks or spills reaching surface and/or groundwater,
and to reduce the potential for soil contamination and compaction.
-
Dispose of
volatile wastes and oils in approved containers for removal from
construction sites to avoid contamination of soils, drainages, and
watercourses.
-
Inspect equipment
for hydraulic and oil leaks prior to use on construction sites,
and implement inspection schedules to prevent contamination of soil
and water.
-
Keep absorbent
pads, booms, and other materials on site, during projects that utilize
heavy equipment, to contain oil, hydraulic fluid, solvents, and
hazardous material spills.
-
Integrate stormwater
pollution controls into design, construction, and operation of new
facilities, parking areas, and other paved surfaces that concentrate
runoff.
Floodplains
Actions occurring within the floodplain would be subject to the provisions
of the NPS Floodplain Management Guideline 1993 (Special Directive 93-4;
Directors Order NPS 77) and Executive Order 11988 (Protection
of Floodplains). The following mitigation measures would be applied
to protect facilities within the floodplain:
-
An emergency
preparedness plan would be developed for any facilities within the
floodplain. The National Park Service will continue to maintain
and update a flood evacuation plan. The plan details responsibilities
of individual park employees for advanced preparedness measures,
removing or securing park property, records and utility systems,
monitoring communication, and conducting salvage operations.
-
Design or
modifications to minimize harm to floodplain values or risks to
life and property. The design of all new structures will incorporate
methods for minimizing flood damage as contained in the National
Flood Insurance Program Floodplain Management Criteria for Flood-Prone
Areas (CFR, 44:60.3) and in accordance with any local, county, or
state requirements for flood-prone areas.
-
Impacts on
site resources will be minimized and mitigated. The design for the
impermeable areas would provide for appropriate drainage to ensure
that the natural resources are not further degraded.
-
Levees may
be constructed to divert water flow and remove areas from the 100-year
floodplain.
-
Design of
parking would allow minimal resistance to flood waters, therefore
minimizing impacts on the river, the road, and associated parking.
-
Prepare site-specific
mitigation and subsequent Floodplain Statement of Findings during
future compliance, as necessary.
Site-Specific
Mitigation for Hennesseys Ranch, El Portal
-
As many structures
as possible would be built on the high island in the center of the
area that is outside the 100-year floodplain.
-
All dwellings
would have permanent foundations and finished floor elevations above
the present 100-year flood high-water line, and be engineered to
withstand inundation.
-
The levee
would be rebuilt to withstand a 100-year flood.
-
A community
open space or riparian buffer zone would be left adjacent to the
river. This would give the Merced River more space to spread out
horizontally and the levee would not need to be as high.
Wetlands
All facilities would be sited to avoid wetlands, or if that were not
feasible, to otherwise comply with Executive Order 11990 (Protection
of Wetlands), the Clean Water Act, and Directors Order 77-1 (Wetland
Protection).
Increased caution would be exercised to protect these resources from
damage caused by construction equipment, erosion, siltation, and other
activities with the potential to affect wetlands. Measures would be
taken to keep construction materials from escaping work areas, especially
near streams or natural drainages.
Wetlands would be delineated by qualified National Park Service staff
or certified wetland specialists, and marked prior to construction work.
Soils
Soil erosion and contamination result in impacts to air and water quality
as well as to habitats for plant and wildlife species. Mitigation efforts
would focus on minimizing or eliminating these impacts. They would include
the following:
-
Use silt fences
in construction areas to reduce erosion and surface scouring.
-
Use sedimentation
basins and silt fences in grading areas to capture soil erosion
before discharge to rivers and other water channels.
-
Use water
bars in temporary access roads to control and reduce surface scouring.
-
Use semi-permeable
materials on temporary access routes to allow for water infiltration
through the soil column and aeration of any compacted soils at the
completion of construction.
-
Use dust abatement
measures to reduce airborne soil erosion, including setting speed
limits for construction vehicles in unpaved areas, and cover dirt
and debris to be hauled away in trucks.
Vegetation (including
Special-Status Species)
Mitigation actions would occur prior to, during, and/or after construction
to minimize immediate and long-term impacts to vegetation. These actions
would vary by specific project, depending upon the extent of construction
and the types of species and habitat affected. Mitigation would include
the following:
-
Develop revegetation
plans for the disturbed area, requiring the use of native species,
preferably from the same gene pool. Specify soil preparation, native
seed/plant mixes, and mulching for all areas disturbed by construction
activities.
-
Develop and
implement a monitoring plan to ensure successful revegetation, maintain
plantings, and replace unsuccessful plant materials.
-
Salvage vegetation
to the extent possible for use in revegetating areas disturbed by
construction.
-
Enforce construction
specifications regarding soil salvage and reuse, trenching, plant
protection, and finished grading.
-
Site buildings
and trails to minimize impacts to vegetation and avoid large trees,
where possible.
-
Select base
course and fill materials for compatibility with native granitic
soils to minimize risk of introducing non-native plant seeds. Monitor
areas where fill is imported from outside the park, and eradicate
non-native plants. Apply standard techniques to prevent non-native
plant encroachment.
-
Develop monitoring
and mitigation plans for managing non-native plants within and immediately
surrounding construction and developed areas.
-
Confine all
construction operations to specified project work limits. Install
temporary barriers to protect natural surroundings (including trees,
plants, and root zones) from damage. Repair or replace damaged trees
and plants, and avoid fastening ropes, cables, or fences to trees.
-
Install fencing
to minimize use of highly sensitive sites such as river edges and
wetlands, and install signs as needed to direct use to more appropriate
areas. Placement of fencing and signs would be developed in consultation
with cultural resource staff.
-
Use native
or seed-free mulch to minimize surface erosion and introduction
of non-native plants.
-
Comply with
the Vegetation Management Plan (1997) for landscaping and yard care
within and around developed areas, including minimization of irrigation
systems, planting with native species appropriate to the site, or
landscaping (if appropriate) with approved non-spreading, non-native
plants. Treatment within historic districts would be in accordance
with the Secretary of the Interiors Standards for the Treatment
of Cultural Landscapes.
-
Define trails,
pathways, and boundaries of development to reduce radiating impacts.
-
Protect meadows
and other sensitive resource areas by defining parking area boundaries.
SPECIAL-STATUS
SPECIES
The U.S. Fish and Wildlife Service is responsible for administering
conservation and recovery measures to protect federally listed species,
as directed in the Endangered Species Act of 1973. The U.S. Fish and
Wildlife Service has prescribed conservation measures specific to the
Yosemite Valley Plan/SEIS as part of the Biological Opinion (see
Appendix L). The Biological Opinion contains "Terms and Conditions"
that are non-discretionary. In addition, the National Park Service has
developed mitigation measures for all special-status species. These
mitigation measures can be found in the Biological Assessment (Appendix
K).
Wildlife (including Special-Status Species)
GENERAL WILDLIFE
Mitigation actions would occur prior to, during, and after construction
to minimize immediate and long-term impacts to wildlife. These actions
would vary by specific project, depending upon the extent of construction,
its location, and the types of species and habitat that could be affected.
Many of the measures listed above for vegetation would also benefit
wildlife by helping to preserve habitat. Mitigation actions specific
to wildlife would include the following:
GENERAL GUIDELINES
-
Prior to construction,
evaluate habitat for species likely to occur and take steps to minimize
impact on those species determined to be especially vulnerable.
-
In site design,
define trails, pathways, and boundaries of developed areas to confine
human use and limit radiating impacts.
-
Limit the
effects of light and noise on adjacent habitat through control of
sources during construction, and through site design of facilities,
to limit long-term effects of resulting development. Limit noise
from transit vehicles through application of best-available low-noise
technologies and use of operating strategies.
-
Install fencing
and signs to direct visitor use away from sensitive habitats.
-
Provide adequate
education and enforcement to limit visitor activities that are destructive
to wildlife and habitats.
-
When possible,
schedule disruptive activities of construction to occur when effects
on wildlife would be less (e.g., after nesting season of birds,
and when bats are neither hibernating nor have young).
-
Preserve,
where possible, natural features with obvious high value to wildlife,
such as tree snags.
-
Maintain routes
of escape from excavated pits and trenches for animals that might
fall in. Cover post holes and other narrow pits with boards. During
construction, maintain vigilance for animals caught in excavations
and take appropriate actions to free them.
-
Provide structures
and procedures to limit the chance of pollution spills, both during
construction and during subsequent use of completed facilities.
This is especially important where activities are near aquatic or
wetland habitats.
-
Take measures
to reduce the potential for human-bear conflicts. Educate visitors
on appropriate behavior when recreating in bear habitat. Provide
bear-proof garbage containers in all developed areas. Install bear-proof
food lockers at all campsites and overnight parking areas. Require
construction personnel to adhere to park regulations concerning
food storage and refuse management.
-
Provide adequate
cleaning of areas and garbage pick-up to limit wildlife access to
human food.
-
Develop and
implement methods to prevent the fruiting of apple trees that remain,
or annually remove fruit from orchards.
-
Prohibit the
use of picnic areas after dark, when bears are most active.
-
Enforce regulations
that prohibit feeding of wildlife and that require proper food storage.
-
Take action
to eradicate non-native bullfrogs from meadow and riparian habitats
before restoration occurs, and continue monitoring and eradication,
if necessary, after restoration (meadow restoration would increase
potential habitat for bullfrogs).
-
Require the
use of processed feeds for stock at National Park Service, concessioner,
and public stables and corrals. Such feeds provide less food in
droppings for brown-headed cowbirds. Implement trapping programs
for cowbirds at corrals and stables to reduce populations.
SPECIAL-STATUS WILDLIFE SPECIES
The U.S. Fish and Wildlife Service is responsible for administering
conservation and recovery measures to protect federally listed species,
as directed in the Endangered Species Act of 1973. The U.S. Fish and
Wildlife Service has prescribed conservation measures specific to the
Yosemite Valley Plan/SEIS as part of the Biological Opinion (see
Appendix L). The Biological
Opinion contains "Terms and Conditions" that are non-discretionary.
In addition, the National Park Service has developed mitigation measures
for all special-status species. These mitigation measures can be found
in the Biological Assessment (Appendix
K).
Air Quality
-
The National
Park Service will seek to perpetuate the best possible air quality
by aggressively promoting and pursuing measures to preserve, protect,
and enhance air resources. Moreover, actions are subject to the
provisions of the Clean Air Act and the forthcoming State of California,
State Implementation Plan.
-
Apply best-available
clean fuel technology to minimize air quality emissions, considering
the need for reliable, cost-effective transit service with adequate
vehicle capacity.
-
Dispose of
refuse at least weekly. No refuse would be burned inside the park.
-
Employ dust
abatement measures.
Geologic Hazards
Mitigation measures are designed to reduce the level of risk associated
with rockfall events. These include:
-
Change the
function of existing facilities and buildings to a lesser occupancy
category, as prescribed in the Yosemite Valley Geologic Hazard Guidelines
(see Vol. II, Appendix C).
-
Remove facilities
and buildings from geologic hazard zones whenever practical.
-
Avoid placing
new facilities and buildings within geologic hazard areas whenever
practical.
Scenic Resources
Mitigation measures are designed to minimize visual intrusions. Many
of the mitigation measures identified in the Vegetation section would
assist in mitigating potential scenic impacts (see Vegetation section).
These include:
-
Minimize development
footprints.
-
Choose building
materials that are visually compatible or do not compete with the
landscape.
-
Provide vegetative
screening, where applicable.
Cultural Resources
The National Park Service would preserve and protect, to the greatest
extent possible, resources that reflect human occupation of Yosemite.
Specific mitigation measures include:
-
Programmatic
Agreement: The National Park Service has developed a Programmatic
Agreement in consultation with the California State Historic Preservation
Officer, the Advisory Council on Historic Preservation, culturally
associated American Indian tribes, and the public. This agreement
stipulates a process for the treatment of historic properties, including
identification, evaluation, and, if necessary, mitigation of adverse
effects. Standard mitigation measures may be used in situations
where an undertaking would adversely affect a historic property.
These include documentation, interpretation, materials salvage,
and National Register re-evaluation.
-
Conduct additional
background research, resource inventory, and National Register evaluation
where information about the location and significance of cultural
resources is lacking. Incorporate the results of these efforts into
site-specific planning and compliance documents.
-
Incorporate
mitigation measures into site-specific planning and design, including
protecting archeological deposits from disturbance, designing new
construction in historic settings using compatible architectural
style, and screening modern facilities from historic districts and
ethnographic use areas. Develop specific design guidelines for all
areas.
-
Protect known
human burials from disturbance, and prepare emergency discovery
plans to deal with any unanticipated discoveries.
-
Mitigate impacts
to archeological resources through data recovery excavations and
construction monitoring in keeping with the Archeological Synthesis
and Research Design, Yosemite National Park (Hull and Moratto 1999),
and as specified in the Programmatic Agreement.
-
The park will
consult with tribes throughout site-specific design planning and
project implementation to avoid or mitigate damage to ethnographic
resources.
-
Mitigate impacts
to ethnographic resources through actions developed in consultation
with culturally associated American Indian tribes. Develop a parkwide
gathering plan and continue to consult with Indian people, as specified
in the Programmatic Agreement. Mitigation measures could include
designating alternative gathering areas, continuing to provide access
to traditional and spiritual locations, and screening new development
from traditional use areas.
-
In cases where
historic structures are proposed for removal, first consider options
for rehabilitation and adaptive reuse or for relocation to another
area of the park. Prior to any removal, document structure in accordance
with stipulations of the Programmatic Agreement and salvage historic
building materials for reuse within the park.
-
Design all
new construction within historic districts or adjacent to historic
structures or sites to be compatible in terms of architectural elements,
scale, massing, materials, and orientation.
-
Undertake all
treatments to historic structures or within cultural landscapes
in keeping with the Secretary of Interiors Standards for the
Treatment of Historic Properties.
Visitor Experience
ACCESSIBILITY
ORIENTATION
AND INTERPRETATION
-
Provide visitor
centers at or near each park entrance station to improve orientation.
-
Develop an
exhibit plan to redirect exhibits from roadside to trailside interpretation.
-
Increase ranger
programs to provide more interpretive opportunities.
-
Initiate a
study to develop standards and indicators to improve resource protection
and visitor experience.
NIGHT SKY
A draft Yosemite National Park lighting guideline has been developed
to prescribe such standards as:
-
Use lighting
that is 50% to 100% lower than the lowest lighting standards of
the Illuminating Engineering Society of North America.
-
Design interior
and exterior lighting to prevent escaped light. Luminaire lamps
would not exceed 100 watts.
-
Use more intense
and uniform light to promote security where human activity is high.
Use lower light levels to provide wayfinding within developed areas,
as needed.
-
Provide lights
in developed areas for safety where pedestrians cross busy intersections.
-
Provide no
light outside developed areas, with the exception of active bus
stops and public telephones.
-
Define parking
area boundaries to prevent damage to meadows and other sensitive
resource areas.
-
For the shuttle
bus fleet prescribed by the Yosemite Valley Plan, use the
best-available fuel and propulsion system technology to minimize
noise and air pollution emissions while providing sufficient capacity
and cost-effective, reliable service.
-
Limit noise
from transit vehicles through application of best-available, low-noise
technologies and use of operating strategies.
-
Apply best-available
clean fuel technology to minimize air quality emissions, considering
the need for reliable, cost-effective transit service with adequate
vehicle capacity.
-
Design parking
areas to allow minimal resistance for floodwaters, thereby minimizing
impacts on the river, the road, and associated parking.
-
Integrate stormwater
pollution control measures into parking lot design and construction.
-
Require shuttle
bus maintenance operations to comply with the Yosemite National
Park Pollution Prevention Control Program and the Hazardous Waste
Minimization Plan, upon completion of the shuttle bus maintenance
facilities prescribed in the Yosemite Valley Plan.
-
Construct
shuttle bus maintenance facilities to ensure the use of sustainable
maintenance practices, including complying with all applicable executive
orders.
-
Implement an
employee transportation program to offset the number of commuter
employee parking spaces removed from Yosemite Valley, as prescribed
by the Yosemite Valley Plan.
-
Conduct a Visitor
Experience and Resource Protection (VERP) study and implement a
VERP program to ensure that transportation infrastructure and services
prescribed by the Yosemite Valley Plan effectively meet visitor
experience and resource protection goals.
-
Complete the
study of the Bridalveil Fall area to analyze parking, traffic flow,
pedestrian access, visitor use, and visitor experience to ensure
transportation-related actions meet visitor experience and resource
protection goals.
-
Continue the
traffic management program until the function of this program to
actively manage traffic congestion is replaced by Yosemite Valley
Plan implementation, including the traveler information and
traffic management system.
-
Implement
standard noise abatement measures during park operations. Standard
noise abatement measures could include the following elements: a
schedule that minimizes impacts to adjacent noise-sensitive uses,
use of best-available noise control techniques wherever feasible,
use of hydraulically or electrically powered impact tools when feasible,
and location of stationary noise sources as far from sensitive uses
as possible.
-
Site and design
facilities to minimize objectionable noise.
Social and Economic Environments
During the future planning and implementation of the Yosemite Valley
Plan, the National Park Service would work with local communities
and county governments to further identify potential impacts and mitigation
measures that would best serve the interests and concerns of both the
National Park Service and the local communities. Furthermore, the National
Park Service would strive to provide mitigation solutions for identifiable
adverse impacts to the local communities resulting from the proposed
Yosemite Valley Plan development.
-
Employee housing
would be provided in accordance with the provisions of the NPS Management
Policies.
-
Administrative
and employee housing needs and functions would be more clearly defined
to better allow public-private sector partnerships.
-
Partnerships
would be pursued to improve the quality and diversity of community
amenities and services.
-
To provide
employee housing, the National Park Service is committed to participating
in processes that would encourage and potentially develop joint
development authorities, joint housing agreements, and joint public-private
sector housing programs.
Sustainable
Design and Aesthetics
Projects should avoid or minimize adverse impacts to natural and cultural
resources. Development projects (e.g., buildings, facilities, utilities,
roads, bridges, trails, etc.) or reconstruction projects (e.g., road
reconstruction, building rehabilitation, utility upgrade, etc.) should
be designed to work in harmony with the surroundings, particularly in
historic districts. Design guidelines would provide for consistency
of themes within each district of the Valley. Building styles and detailing
should be compatible with their surroundings, both natural and cultural.
Projects should be sustainable whenever practicable by recycling and
reusing recycled materials; by using local materials and technologies;
by minimizing materials; through minimizing the use of nonrenewable
resources; by reducing energy consumption during the project; and by
minimizing energy consumption throughout the lifespan of the project.
Projects should reduce, minimize, or eliminate air and water non-point
source pollution. Wherever possible, these strategies would be interpreted
for park visitors to encourage responsible stewardship of the environment.
Land-Use Planning
The National Park Service, in consultation with Mariposa County, shall
prepare a detailed map of Section 35 in Wawona reflecting that the management
zoning adopted under this alternative only applies to federal lands.
This map will be completed as soon as practicable and will be available
to the public upon request.
Before undertaking
development of new employee housing units in Section 35, the National
Park Service will identify and evaluate alternatives for housing opportunities
outside of Yosemite National Park. The identification and evaluation
of housing alternatives would be collaborative, with participation by
appropriate county officials and representatives of affected communities.
Decisions regarding the location of new employee housing will be in
accordance with the Omnibus Parks and Public Lands Act of 1996 and applicable
National Park Service policies. With regards to Wawona, it is the intent
of the National Park Service to locate additional housing outside the
park where possible.
The National Park
Service will also continue in a collaborative planning process for the
community of Wawona with the Wawona Town Planning Advisory Committee,
the Mariposa County Planning Commission, and the Mariposa County Board
of Supervisors. Although ultimate responsibility for regulating land
uses in federal and private lands in Wawona will remain with the National
Park Service and Mariposa County, respectively, the National Park Service
will strive, to the maximum extent possible, to coordinate land use
planning in Wawona with Mariposa County and the Wawona Town Planning
Advisory Committee. The National Park Service and each party will designate
a liaison as the principal contact in this collaborative process.
Construction of
new administrative and housing facilities will be accomplished in Wawona
and El Portal only after additional environmental compliance is completed.
The site design and development process will provide for the participation
of National Park Service and concession employees, residents, and other
interested parties in the site development studies for housing, administrative
functions, and community/commercial facilities. Such compliance will
consider appropriate town planning area specific plans and will be in
consultation with appropriate county officials and community representatives.
Energy Consumption
Energy consumption associated with new employee housing in El Portal
and Wawona can be minimized through the selection of energy-efficient
building materials and components, and energy-efficient appliances.
In April 1999, the United States Department of the Interior entered
into a formal Memorandum of Understanding with the United States Department
of Energy to promote the use of energy-efficient and renewable energy
technologies and practices in national parks. While the Memorandum of
Understanding does not mandate specific energy-efficient and renewable
energy technologies for specific projects, it does provide a framework
to promote their implementation and use in projects, such as new employee
housing.
Mitigation
Measures from the Biological Assessment
Management Recommendations
and Mitigation Avoidance and Protection Measures
AVOIDANCE AND
PROTECTION MEASURES COMMON TO ALL SPECIAL-STATUS SPECIES
The following hierarchy would be employed to avoid, minimize, or compensate
for adverse effects to special-status species.
-
Avoid
adverse effects on special-status species
-
Minimize
adverse effects on special-status species
-
Mitigate/compensate
for adverse effects on special-status species
Additional documentation,
studies, and consultation would be conducted as appropriate prior to
implementation of specific actions.
-
Prior to construction,
conduct surveys as necessary for special-status species in the vicinity
of all new construction in Yosemite Valley, El Portal, Wawona, Foresta,
Hazel Green, South Entrance, Big Oak Flat Entrance, Tioga Pass Entrance,
and Badger Pass. Bridges and other structures will be surveyed prior
to deconstruction. This will take place well in advance of the project
design phase to assure that avoidance and minimization requirements
can be met. Should additional state or federally listed species
be found that were not documented in this Biological Assessment,
consultation with the USFWS would be initiated.
-
To the extent
practicable, site and design facilities/actions to avoid adverse
effects to special-status species. If avoidance is infeasible, minimize
and compensate adverse effects to special-status as appropriate
and in consultation with the appropriate resource agencies.
-
Develop and
implement restoration and/or monitoring plans as warranted. Plans
should include methods for implementation, performance standards,
monitoring criteria, and adaptive management techniques.
-
Implement measures
to reduce adverse effects of non-native plants and wildlife on special-status
species.
-
Implement stormwater
management measures to reduce non-point source pollution discharge
from roads, parking lots, and other impervious surfaces. This could
include oil/sediment separators, street sweeping, infiltration beds,
and use of permeable surfaces and vegetated or natural filters to
trap or filter stormwater runoff.
-
Use only plants
native to Yosemite National Park in landscaping.
-
Prepare and
implement a noxious weed abatement program. This could include restoration
of degraded habitats, use of hand labor to remove weeds, and use
of herbicides.
-
Implement measures
to reduce adverse effects of non-native wildlife. This could include
use of processed feeds and hay at stables to reduce food for cowbirds,
trapping programs for cowbirds, and measures to eradicate bullfrogs
from wetland habitats.
-
To the extent
practicable, site and design facilities/actions to avoid adverse
effects to sensitive wildlife habitats or habitat features, especially
during breeding seasons. If avoidance is infeasible, minimize and
compensate adverse effects as appropriate.
-
Minimize night
lighting where practicable. Where night lighting is necessary, design
lighting to be minimal, directed downward, and shielded.
-
Educate the
public on the dangers of intentional or unintentional feeding of
park wildlife, and on inadvertent harassment through observation
or pursuit.
-
Implement standard
noise abatement measures during park operations. Standard noise
abatement measures could include the following elements: a schedule
that minimizes effects to adjacent noise-sensitive uses, use of
the best available noise control techniques wherever feasible, use
of hydraulically or electrically powered impact tools when feasible,
and location of stationary noise sources as far from sensitive areas
as possible.
-
To the extent
practicable, site and design facilities to minimize objectionable
noise elements.
-
Allow natural
processes to maintain the presence of very large, old trees, snags,
large-diameter logs, and decaying wood across the landscape.
-
Maintain
conditions suitable for spotted owl prey base, including decadence
features such as mistletoe brooms, cavities, tree deformities,
fungus growth, and large, decaying oaks.
CONSTRUCTION-
AND DEMOLITION-RELATED BEST MANAGEMENT PRACTICES
The following best management practices would be implemented, as appropriate,
prior to, during, and/or after specific construction or demolition actions.
Specific tasks would include, but are not limited to, the following:
-
Implement a
compliance monitoring program when sensitive resources have potential
to be affected. The compliance monitoring program would oversee/enforce
the below-referenced measures and include compliance strategies
and reporting protocols.
-
Implement a
fencing and flagging program to protect special-status or sensitive
habitats. This could include the following types of measures: using
of high-visibility snow fences around protected elderberry shrubs,
marking trees to be retained, using signs (e.g., "no refueling"
signs) in areas of high sensitivity.
-
Implement
a native vegetation salvage program. This could include minimizing
land disturbance, salvage and storage of topsoil, treatment of non-native
species, erosion control, and revegetation.
-
Implement a
dust abatement program. Standard dust abatement measures could include
the following elements: water or otherwise stabilize soils, cover
haul trucks, employ speed limits on unpaved roads, minimize vegetation
clearing, and revegetate after construction.
-
Implement standard
noise abatement measures during construction. Standard noise abatement
measures could include the following elements: a schedule that minimizes
effects to adjacent noise-sensitive uses, use of the best-available
noise control techniques wherever feasible, use of hydraulically
or electrically powered impact tools when feasible, and location
of stationary noise sources as far from sensitive uses as possible.
-
Implement a
noxious weed abatement program. Standard measures could include
the following elements: ensure construction-related equipment arrives
on site free of mud or seed-bearing material, use only certified
weed-free seeds and straw material, identify areas of noxious weeds
pre-construction, treat noxious weeds or noxious weed topsoil prior
to construction (e.g., topsoil segregation, storage, herbicide treatment),
and revegetate with appropriate native species propogated from local
genetic stock.
-
Implement a
natural resource protection program. Standard measures could include
construction scheduling, biological monitoring, erosion and sediment
control, protection of sensitive habitats, removal of all food-related
items or rubbish to bear-proof containers, topsoil salvage, and
revegetation. This could include specific construction monitoring
by resource specialists, treatment, and reporting procedures.
-
To the extent
practicable, schedule project activities that generate high levels
of noise and other disturbance (e.g., light) to occur during periods
of the year and times of day when effects on species sensitive to
such disturbance would be minimized.
-
Implement a
spill prevention and pollution control program (hazardous materials).
Standard measures could include hazardous materials storage and
handling procedures; spill containment, cleanup, and reporting procedures;
and limitation of refueling and other hazardous activities to upland/nonsensitive
sites.
-
Implement an
interpretation and education program. Continue signage and education
programs to promote understanding among park visitors.
-
Implement
a tree protection plan as warranted. This could include measures
such as avoiding the root zone (typically 1.5 times the tree canopy),
using hand equipment for trenching within the root zone, reducing
compaction within root-zones, and maintaining a natural grade.
SPECIES-SPECIFIC AVOIDANCE AND PROTECTION MEASURES
The following avoidance and protection measures are included to guide
future actions and planning in the project area. These measures are
based on current scientific protocols and agency recommendations. These
measures are intended to be fluid and to change with increased knowledge
about a particular species or suite of species or as new technologies
become available and practicable.
THE VALLEY ELDERBERRY
LONGHORN BEETLE
-
Mitigation
measures prescribed in the Biological Opinion for this plan (rendered
by the USFWS) will be applied to all potential actions. The Biological
Opinion will be based on conservation guidelines developed by the
U.S. Fish and Wildlife Service (USFWS 1999).
-
All National
Park Service personnel that coordinate construction work should
be familiar with the locations and avoidance requirements for all
elderberry shrubs within the construction zone.
-
The contractor
and all of the contractors on-site personnel should be briefed
on the locations of elderberry, avoidance requirements, and penalties
for noncompliance.
-
Elderberry
plants within the project area should be individually fenced 20
feet from the dripline. The area would be signed before clearing
and grubbing begins and before any large equipment is allowed access
to the site.
-
A qualified
National Park Service staff member should be present for the duration
of the project to ensure no unnecessary take of elderberry occurs.
The staff member would have the authority to stop all activities
should the potential for unnecessary take become apparent. He or
she should report any violations to the USFWS.
-
Any construction-related
disturbance to the buffer zone (100 feet from the dripline) should
be minimized and restored following construction.
-
All
potential development zones below 3,000 feet (in the typical elevation
range of the Valley elderberry longhorn beetle) have been surveyed
for elderberry plants. All project sites above 3,000 feet will
be surveyed prior to site design for the presence or absence of
beetle exit holes. In the unlikely event that exit holes are discovered
in areas outside the typical range of the Valley elderberry longhorn
beetle, mitigation measures as described in the Biological Opinion
from the USFWS will be applied.
-
To minimize
adverse effects on nesting birds, limit construction activities
in nesting habitat during breeding season, which is typically March
to August.
-
Trees or structures
that contain unoccupied nests (stick nests or tree cavities), but
must be removed, should be removed prior to March 1, or after nesting
season is over.
-
Alternatively,
if activities take place during the breeding season, a qualified
biologist would conduct a pre-construction survey for individuals
no more than one week prior to construction in March through August.
If any special-status species is observed nesting, a determination
should be made as to whether or not the Preferred Alternative will
impact the active nest or disrupt reproductive behavior.
-
If it is determined
that the action will not impact an active nest or disrupt breeding
behavior, construction will proceed without any restriction or mitigation
measure.
-
If it is determined that construction will impact an active nest
or disrupt reproductive behavior, then avoidance strategies should
be implemented. Construction could be delayed within 500 feet
of such a nest, until a qualified biologist determines that the
subject birds are no longer nesting or until any juvenile birds
are no longer using the nest as their primary day and night roost.
SPECIAL-STATUS AQUATIC SPECIES
Implementation of the following reasonable and prudent measures would
reduce or eliminate potential taking of special-status amphibians. These
measures were abstracted from the USFWS Programmatic Biological Opinion
for projects that may affect California red-legged frog though the Biological
Opinion does not specifically apply to this project because no take
of California red-legged frog is anticipated. Provisions listed below
are considered reasonable and prudent for actions located within 100
feet of aquatic habitats:
-
Work activities
within potential special-status aquatic species habitat should be
completed between July 1 and November 1 or during low-flow conditions.
-
A qualified
biologist should survey the site two weeks before the onset of activities.
If special-status aquatic species, tadpoles, or eggs are found,
the biologist will contact the appropriate agency(ies) to determine
if moving any of these life-stages is appropriate. Surveys will
follow the "Guidance on Site Assessment and Field Surveys for
California Red-legged Frogs" developed by the U.S. Fish and
Wildlife Service (USFWS 1997).
-
A qualified
biologist should conduct training sessions for all construction
personnel before activities begin.
-
Construction
adjacent to aquatic habitats should be fenced to prohibit the movement
of frogs into the construction area, and to control siltation and
disturbance in aquatic habitats.
-
All construction
adjacent to or within aquatic habitats should be regularly monitored.
-
All trash that
may attract predators should be contained and regularly removed.
Following construction, all trash and construction debris will be
removed from work areas.
-
All fueling
and maintenance of vehicles and equipment should occur at least
20 meters (65 feet) from any aquatic habitat.
-
The spread
or introduction of invasive, non-native plant species should be
avoided. When practicable, invasive plants in the project areas
will be removed.
-
The number
and size of access routes, staging areas, and total area of activity
should be limited to the minimum necessary to achieve the project
goal.
-
Best management
practices should be implemented to control erosion.
-
During dewatering,
intakes should be completely screened with wire mesh not larger
than 5 millimeters to prevent aquatic species from entering the
pump system. Water would be released or pumped downstream at an
appropriate rate to maintain downstream flows during construction.
Upon completion of construction activities, any barriers to flow
will be removed in a manner that allows flow to resume with the
least disturbance to the substrate.
-
Where practicable,
qualified biologists would permanently remove, from within the project
area, any individuals of non-native species, such as bullfrogs,
crayfish, and centrachid fishes, to the maximum extent possible.
-
The downstream
construction boundary should be fenced to prohibit the movement
of aquatic species into the construction area and to control creek
siltation and disturbance to downstream riparian habitat. An exclosure
fence should be installed in the creek channel both upstream and
downstream of construction activities as appropriate. Fences should
be installed at least six weeks prior to the commencement of any
construction activities.
-
Immediately
after installation of the exclosure fence, a qualified biologist
should inspect all areas within the fence for aquatic species.
-
A qualified
biologist should conduct surveys to determine whether affected structures,
mature trees, or other habitat (e.g., crevices) provide hibernacula,
nursery colony, or roosting habitat.
-
If surveys
conducted during the fall do not reveal any bat species, then the
action should occur within three days in order to prevent the destruction
of any bats that move into the area after the survey.
-
If the site
is being used as a winter roost, then the action should occur either
prior to hibernation (between September 1 and October 1) or after
hibernation (January 15 to February 15).
-
If spring surveys
are conducted and reveal that the site is being used as a nursery
colony, the action should not occur until after August 15, when
the pups are weaned and are free-flying.
OTHER SPECIAL-STATUS MAMMALS
-
Excavation
sites (trenches or pits) would have suitable ramps for small mammals
to exit these areas.
-
A qualified
biologist would be available to inspect all excavations before refilling
occurs, ensuring that special-status species are passively relocated
to avoid incidental take.
-
Exclosure fencing
could be erected prior to construction to ensure that no special-status
species are within the construction area.
-
To prevent
mortality caused by motor vehicles, speed limits in primary fisher
habitat should be low.
Mitigation
Measures from the Biological Opinion
Reasonable and
Prudent Measures
The Service believes the following reasonable and prudent measure is
necessary and appropriate to minimize incidental take of the beetle:
-
Minimize
the effects of project impacts to the [Valley elderberry] beetle and
to elderberry shrubs (habitat) throughout the proposed project area.
Terms and Conditions
In order to be exempt from the prohibitions of section 9 of the Act,
the NPS must ensure compliance with the following terms and conditions,
which implement the reasonable and prudent measure described above.
These terms and conditions are non-discretionary.
-
The following
terms and conditions implement reasonable and prudent measure one
(1):
-
Confine clearing
to the minimal area necessary to facilitate project activities.
-
All elderberry
shrubs to be avoided within the vicinity of the proposed project
would be flagged and surrounded with high-visibility fencing for
the duration of construction activities.
-
Movement of
heavy equipment to and from the project site shall be restricted
to established roadways to minimize habitat disturbance.
-
Restore any
damage occurring within 100 feet of elderberry shrubs that are not
removed by the project.
-
Prevent the
application of all pesticides within 100 feet of all retained elderberry
shrubs with stems measuring 1 inch or greater in diameter at ground
level.
-
Work crews
shall be briefed on the status of the beetle, the need to protect
its host plant (elderberries), requirements to avoid damaging elderberry
shrubs, and possible penalties for not complying with identified
avoidance and minimization measures.
-
To further
compensate for impacts to beetles inhabiting 651 elderberry stems
that would be lost or otherwise adversely affected due to activities
associated with the Yosemite Valley Plan, the NPS shall establish
a 22.55 acre valley elderberry conservation area (conservation area),
complete with a 100-foot buffer, within the park boundary in close
proximity to one of the impact sites. Within the conservation area,
the NPS would be required to establish 2,728 elderberry seedlings
or cuttings and 1,096 associated native species plantings according
to the Services Conservation Guidelines for the Valley Elderberry
Longhorn Beetle (enclosure). For the purposes of this consultation,
the Service has assumed a worst case scenario where 651 stems measuring
greater than one inch in diameter would be taken during the construction
of the Yosemite Valley Plan (See Appendix A for a discussion and
calculation of the worst case scenario).
-
The conservation
area should be incorporated into the General Management Plan for
Yosemite National Park as an area that will be managed specifically
for the long-term protection of the valley elderberry longhorn beetle.
-
Transplant
all elderberry shrubs with stems measuring one inch in diameter
or greater at ground level, following the Services July 9,
1999, Conservation Guidelines for the Valley Elderberry Longhorn
Beetle, from all impacted sites to the conservation area.
-
Develop and
implement a Service approved management plan for the conservation
area. This plan should provide measures for insuring long-term protection
and survival of all elderberry shrubs that are transplanted, planted
or naturally occurring within the conservation area. In addition,
the plan should include a monitoring program that conforms to the
Services July 9, 1999, Conservation Guidelines for the Valley
Elderberry Longhorn Beetle.
Reasonable and
prudent measures, with their implementing terms and conditions, are
designed to minimize the impact of incidental take on a species that
might result from the proposed action. The Service believes that no
more than the number of beetles inhabiting 651 elderberry stems will
be incidentally taken. If, during the course of the action, this level
of incidental take is exceeded, such incidental take would represent
new information requiring review of the reasonable and prudent measures
provided. The Federal agency must immediately provide an explanation
of the causes of the taking and review with the Service the need for
possible modification of the reasonable and prudent measures.
Reporting Requirements
The Sacramento Fish and Wildlife Office is to be notified within three
working days of the finding of any listed species or any unanticipated
take of species addressed in this biological opinion. The Service contact
person for this is the Division Chief for Endangered Species at (916)
414-6620.
Any dead or severely
injured beetles found (adults, pupae, or larvae) shall be deposited
in the Entomology Department of the California Academy of Sciences.
The Academys contact is the Senior Curator of Coleoptera at (415)
750-7239. All observations of valley elderberry longhorn beetles --
live, injured, or dead -- or fresh beetle exit holes shall be recorded
on California Natural Diversity Data Base (NDDB) field sheets and sent
to California Department of Fish and Game, Wildlife Habitat Data Analysis
Branch, 1416 Ninth Street, Sacramento, California 95814.
A post-construction
compliance report prepared by a Service approved monitoring biologist(s)
shall be forwarded to the Chief, Endangered Species Division, at the
Sacramento Fish and Wildlife Office within 60 calendar days of the completion
of each project. This report shall detail: (i) dates that construction
occurred; (ii) pertinent information concerning the applicant's success
in meeting project compensation measures; (iii) an explanation of failure
to meet such measures, if any, and recommendations for remedial actions
and request for approval from the Service, if necessary; (iv) known
project effects on federally listed species, if any; (v) occurrences
of incidental take of federally listed species, if any; and (vi) other
pertinent information.
Conservation
Recommendations
Section 7(a)(1) of the Act directs Federal agencies to utilize their
authorities to further the purposes of the Act by carrying out conservation
programs for the benefit of endangered and threatened species. Conservation
recommendations are discretionary agency activities that can be implemented
to further the purposes of the Act, such as preservation of endangered
species habitat, implementation of recovery actions, or development
of information and data bases.
-
The NPS should
assist the Service in the implementation of the Recovery Plan for
the Valley Elderberry Longhorn Beetle (U.S. Fish and Wildlife Service
1984).
-
To minimize
disturbance to the peregrine falcon, the NPS should avoid any construction
related or recreation related activity (i.e. rock climbing) within
one mile of an eyrie during the peregrine falcon breeding season.
-
To minimize
adverse impacts to the California spotted owl, the following measures
should be incorporated into your project description:
-
For all project
related activities, including building, road, and parking lot construction,
recreation, and watershed restoration, with the potential for disturbance
of reproductive behavior in or near suitable California spotted
owl habitat, spotted owl surveys should be conducted to identify
spotted owl use areas.
-
All project
related activities that may disturb California spotted owl breeding
activity should not occur within one quarter mile of spotted
owl nest stands during the breeding season (February 15 to August
15).
-
Efforts
should be made to retain all live conifers greater than 20 inches
diameter at breast height.
-
Efforts
should be made to retain all hardwoods greater than 10 inches
diameter at breast height.
-
Efforts
should be made to retain all snags with the project area.
-
To minimize
potential impacts to and enhance essential habitat for the mountain
yellow-legged frog and the Yosemite toad, the NPS should incorporate
the following measures into the Yosemite Valley Plan and any future
projects within the park that may affect these species:
-
Locate
all project related recreation and construction activities including
building, road, and parking lot construction, out of potential
habitat for these species. Special consideration should be given
when siting facilities within the Badger and Tioga Pass areas
of Yosemite National Park.
-
Ensure
that runoff from existing and future infrastructure, especially
parking lots, does not enter aquatic habitats that may be occupied
by these species.
-
Remove
nonnative trout species from high mountain lakes and streams
to allow the recolonization of historic habitat by these species.
In order for the
Service to be kept informed of actions minimizing or avoiding adverse
effects or benefiting listed species or their habitats, the Service
requests notification of the implementation of any conservation recommendations.
Designs or Modifications
to Minimize Harm to Floodplain Values or Risks to Life and Property
All actions
in the Yosemite Valley Plan would adhere to the general set of
mitigation measures described below. In addition, certain actions would
require additional mitigation measures as detailed design plans are
completed. The design of all new structures and facilities would incorporate
the following methods for minimizing flood damage:
-
All existing
and new structures and facilities will meet the terms and conditions
of the National Flood Insurance Program "Floodplain Management
Criteria for Flood-Prone Areas" (44 CFR, Section 60.3) and
meet applicable local, county, or state requirements for flood-prone
areas.
-
Human health
and safety will be protected by an active flood evacuation plan.
The flood evacuation plan developed during the January 1997 flood
will be revised as necessary to reflect new actions in the Yosemite
Valley Plan. The revised plan will detail evacuation procedures,
including the responsibilities of individual park employees for
advanced preparedness. This plan will also outline procedures for
removing or securing park property, records, and utility systems;
procedures to facilitate emergency communication; and procedures
for conducting rescue and salvage operations.
-
Impacts on
natural and cultural resources would be minimized and mitigated
by design of facilities. The design for impermeable areas would
provide for appropriate drainage to ensure that natural resources
are not further degraded by associated runoff following flood events.
-
A detailed
Floodplain Statement of Findings would be developed as a part of
future planning for the following areas as site-specific design
is completed:
-
Parking and
visitor services at Yosemite Village (if non-exempt structures are
proposed within the regulatory floodplain)
-
Overnight parking
at Yosemite Lodge (if proposed within the regulatory floodplain)
-
Village Center
in El Portal, Hennesseys Ranch (Trailer Village and Abbieville)
(if nonexempt structures are proposed within the regulatory floodplain)
-
The National
Park Service warehouse complex at Railroad Flat
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