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Record of Decision

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; Director’s 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 Hennessey’s 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 Director’s 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 Interior’s 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.

Human-Wildlife Conflicts

  • 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.


Non-native Species

  • 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 Interior’s Standards for the Treatment of Historic Properties.

Visitor Experience
ACCESSIBILITY

  • Conduct an accessibility study to understand barriers to park programs and facilities. Based on this study, implement a strategy to provide the maximum level of 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.


Transportation

  • 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.

Noise

  • 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 contractor’s 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.


SPECIAL-STATUS BIRDS

  • 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.


SPECIAL-STATUS BATS

  • 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:

  1. 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.

  1. The following terms and conditions implement reasonable and prudent measure one (1):

  2. Confine clearing to the minimal area necessary to facilitate project activities.

  3. 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.

  4. Movement of heavy equipment to and from the project site shall be restricted to established roadways to minimize habitat disturbance.

  5. Restore any damage occurring within 100 feet of elderberry shrubs that are not removed by the project.

  6. 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.

  7. 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.

  8. 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 Service’s 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).

  9. 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.

  10. Transplant all elderberry shrubs with stems measuring one inch in diameter or greater at ground level, following the Service’s July 9, 1999, Conservation Guidelines for the Valley Elderberry Longhorn Beetle, from all impacted sites to the conservation area.

  11. 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 Service’s 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 Academy’s 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.

  1. 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).

  2. 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.

  3. To minimize adverse impacts to the California spotted owl, the following measures should be incorporated into your project description:

  4. 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.

    1. 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).

    2. Efforts should be made to retain all live conifers greater than 20 inches diameter at breast height.

    3. Efforts should be made to retain all hardwoods greater than 10 inches diameter at breast height.

    4. Efforts should be made to retain all snags with the project area.

  5. 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:

    1. 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.

    2. Ensure that runoff from existing and future infrastructure, especially parking lots, does not enter aquatic habitats that may be occupied by these species.

    3. 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, Hennessey’s 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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