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Vault Toilet Federal contract opportunity
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Department of the Interior Bureau of Reclamation

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May 2022

Environmental Assessment

Vault Toilet Installation at Mark Twain and The Equestrian Parking Lot Day Use Area at New Melones Lake, Tuolumne and Calaveras County, CA

California Great Basin - Interior Region 10

CGB-EA-2022-016

ii

Mission Statements The Department of the Interior protects and manages the Nation’s natural resources and cultural heritage; provides scientific and other information about those resources; and honors its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated Island Communities.

The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public

Section 1 Introduction

1.1 Background

In conformance with the National Environmental Policy Act of 1969 (NEPA), Council on Environmental Quality regulations (40 CFR 1500-1508), and Department of Interior Regulations (43 CFR Part 46), the Bureau of Reclamation (Reclamation) prepared this Environmental Assessment (EA) to evaluate and disclose potential environmental impacts associated with the installation of two vault toilets at New Melones Lake (NML). The two vault toilets would be installed at Mark Twain Day Use Area and the Equestrian Staging Area Parking Lot. NML is situated on Federal Government Property located in Calaveras and Tuolumne Counties, California (Figure 1 & 2). The area is comprised of blue oak woodland/savannah with an herbaceous understory, and annual grasslands. Non-native annual grasses dominate the annual grasslands, and many grass species are classified as invasive.

1.2 Need for the Proposed Action

The Proposed Action derives from the need for Reclamation to reduce increasing health and safety issues, damage to natural resources such as vegetation damage, habitat destruction, erosion and related resource impacts from equestrian users, including inappropriate uses by both local and non-local recreationists. To address these concerns, Reclamation would install one vault toilet at the Mark Twain Day Use Area and one at the Equestrian Staging Area Parking Lot.

Section 2 Alternatives Including the Proposed Action

2.1 No Action

Under the No Action Alternative, Reclamation would not install two vault toilets at NML. This would not address the health and safety issues at the Mark Twain Day Use Area and the Equsetrian Staging Area Parking Lot.

2.2 Proposed Action

Reclamation proposes to install two vault toilets at NML, within Mark Twain Day Use Area and the Equestrian Staging Area Parking Lot. The Mark Twain Day Use Area is at Section 30; Township 2N;

Range 13, E, at GPS pt. 38° 0'6.27"N, 120°29'19.39"W and the Equestrian Staging Area Parking Lot is in Section 24, Township 1, Range 13 E, at 37° 055’28.32"N, 120°31'39.20"W, please see Figure 3-

4. The project site is located at the NML, in the central portion of the Sierra Foothills in the Tuolumne County area in California. The crew would install single prefabricated vault toilet at two separate locations. Standard features of the prefabricated vault toilets include polyethylene lined concrete vault, barnwood textured walls and cedar shake textured roof. The building would be manufactured using precast concrete including the roof. The vault toilets would be delivered, off loaded, and set up on site. The design would also meet all applicable accessibility and building code requirements.

Work includes excavating a 5-feet deep by 14-feet by 16-feet area to accommodate placement of a 12-feet by 14-feet by 4.5-feet vault. The vault toilet would have an external dimension above ground of 13-feet by 12-feet and the measurement from ground level to the gable of the roof is 9-feet 6 inches (Figure 5). The surface will be smoothed and blended into the surrounding contours up to a 50-foot diameter around the vault toilet after it's placed with a large crane. Sand would be used as bedding material or ⅜ inch crushed or screened aggregate. The vault toilet install would require an excavator and a compact track loader or skid steer to finish grading. Equipment would be staged at the existing adjacent road or parking lot area. The total area of ground disturbance to install each vault toilet is 1,964 square feet. The entire project footprint, including the staging areas will be approximately 0.04591368 acre at each site. The installation is planned for spring and would be completed over 4 days. The area around the installation will be blocked off for public safety but the remaining recreation area will be open to the visiting public.

Figure 1 & 2 New Melones Lake Vicinity Map. The red star marks the project work area.

Figure 3. Location of Mark Twain Day Use Area Vault Toilet Installation

Figure 4. Location of the Equestrian Staging Area Parking Lot Vault Toilet Installation

Figure 5. Drawing of a Vault Toilet

Conservation Measures To minimize or avoid potential resource impacts, the following measures would be implemented:

• If work is to be done during the nesting season (March 1 – August

31), a natural resource specialist will survey the project area not more than five days ahead of the anticipated work commencement and flag nest sites to indicate where to avoid in order for them to be undisturbed.

• Prior to being delivered to the project site, equipment shall be cleaned, dirt and organic vegetation material removed, to prevent introduction of noxious weeds, invasive plants, and animal species.

• Off-road traffic outside of designated project areas shall be prohibited.

Section 3 Affected Environment and Environmental Consequences

3.1 Resources Eliminated from Further Review

Reclamation analyzed the affected environment and determined that the Proposed Action did not have the potential to cause effects to the resources listed in Table 1. Brief explanations for their elimination from further consideration are provided in Table 1.

Table 1. Resources Eliminated from Detailed Analysis.

Resource Reason Eliminated Air Quality New Melones resides within the Mountain Counties Air Basin. There would be no emission of criteria pollutants that would cause detectable changes to the baseline conditions or exceed Federal, State, and local thresholds for the Mountain Counties Air Basin due to the Proposed Action.

Climate Change The equipment list and construction schedule for the Proposed Action is limited, requiring the use of one crane and front loader or skidsteer and hand tools for 4 days. The use of greenhouse gas generating equipment used to complete the project is minimal.

Energy The Proposed Action would have no impact on the energy resources in the area. While Reclamation does operate dams that provide hydroelectric power to the area, the Proposed Action would have no impact upon those operations

Environmental Justice The Proposed Action would not have any disproportionately negative impacts on low-income or minority individuals within the Action Area.

Hydrology and Water Quality

The location of the project site was specifically chosen to avoid impacts to wetlands and other waters of the U.S. The site also follows a setback from any intermittent or perennial streams.

Noise The construction schedule would take place during daytime hours and only require the use of a crane, skidsteer or front loader. Any localized noise impacts would be minimal.

Socioeconomic Impacts Recreation and Public Safety

The project site is located in rural uninhabited area far from major population centers. All equipment will be removed from the sites at the end of the project.

Transportation Recreation

The project site is located on Federal property off of transportation corridors.

Therefore, the Proposed Action would have no impact to local transportation roads and traffic.

Visual Resources The Proposed Action would limit the alteration of visual resources.

Reclamation will not be removing woody vegetation. The vault toilet surfaces mimic natural materials and colors.

3.2 Cultural Resources

3.2.1 Affected Environment

Previous cultural resource studies in the New Melones Lake area, which consists of a reservoir with a surface area of 12,500 acres and approximately 17,500 acres of Federal project lands surrounding the lake, have been subject to over 118 cultural resource reports. These reports have documented in excess of 644 cultural resource sites, the large majority of which were documented between 1968 and 1975. In 1988, a nomination was made to the National Register of Historic Places (NRHP) for a New Melones Archaeological District (NMAD) that included, at the time, 627 archaeological sites. Although this nomination was not finalized, the NMAD is considered to be eligible for the NRHP and all of the Federal lands around and under the lake are located within the NRHP eligible district.

Project Impact The proposed action is an undertaking as defined in 36 CFR § 800.16(y) and involves the type of activity that has the potential to cause effects to historic properties under 36 CFR §800.3(a).

Under Section 106, Federal agencies must seek to avoid adverse effects to historic properties, but if no alternatives exist, the agency must mitigate the adverse effect. In addition, Federal agencies or their Federally delegated authorities are required to consult with the State Historic Preservation Officer (SHPO) during the evaluation process. The Section 106 process is typically undertaken in advance of or in conjunction with the NEPA compliance process, although they are separate laws. Under NEPA, a more comprehensive evaluation of resources beyond just cultural are evaluated. Both processes are performed in the project planning stage when adverse impacts to the environment can still be avoided or mitigated.

In an effort to identify historic properties within the area of potential to effect (APE) a pedestrian survey was conducted of the areas by Archeologist Gia DiMaggio on August 3, 2021. The purpose of this investigation was to assess the location for cultural resources; and determine what impacts, if any, the proposed work might have on such resources if present. While there were not individual historic properties identified, the proposed undertaking would permit activities within accepted boundaries of the NRHP-eligible NMAD. The presence of this eligible district made it necessary to consider whether the proposed undertaking would have an effect to the archaeological district as a whole.

Pursuant to the regulations at 36 CFR § 800.3(f)(2), Reclamation identified the Chicken Ranch Rancheria of Me-Wuk Indians of California, the Tuolumne Band of Me-Wuk Indians, and the California Valley Miwok Tribe as Indian tribes who might attach religious and cultural significance to historic properties within the APE. Reclamation sent letters to the tribes on July 22, 2021. To date, no comments or concerns have been received by Reclamation.

3.2.2 Environmental Consequences

Through the efforts detailed above, Reclamation made a determination of no adverse effect to historic properties for the proposed undertaking, pursuant to 36 CFR§ 800.5(d)(1).

Reclamation initiated consultation with SHPO by letter dated November 17, 2021 requesting concurrence with our determination. In a letter dated December 06, 2021, SHPO responded with no objection to that finding (Appendix B). As a result of the implementation and conclusion of the Section 106 process Reclamation has concluded that the Proposed Action would not have significant impacts on properties listed, or eligible for listing, on NRHP

Indian Trust Assets

Indian Trust Assets (ITAs) are legal interests in property or rights held in trust by the United States for federally recognized Indian tribes on individuals. ITAs can be real property, physical assets, or intangible property rights, such as a lease, or right to use something; which may include lands, minerals and natural resources in addition to hunting, fishing, and water rights. Indian reservations, rancherias, and public domain allotments are examples of lands that are often considered trust assets.

The nearest ITA is the Chicken Ranch, Chicken Ranch Rancheria of Me-Wuk Indians approximately

1.08 miles at Mark Twain Day Use Area and 5.32 miles at the Equestrian Staging Area Parking Lot miles from the project site. Because no ITAs are present within the area adjacent to the proposed action area, the Proposed Action would have no effect on Indian Trust Assets (see Appendix A).

Indian Sacred Sites

Sacred sites are defined in Executive Order 13007 (May 24, 1996) as “any specific, discrete narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be on appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site”. The Proposed Action would not affect or prohibit access to and ceremonial use of Indian Sacred Sites based on a sacred lands file review of the project vicinity conducted by the Native American Heritage Commission (NAHC).

3.3 Biological Resources

Affected Environment

Habitats

The environmental setting of the project area consists of rural lands with steep slopes and uneven terrain along finger ridges above New Melones Reservoir. These landscapes include exposed schist, limestone and quartz bedrock amongst densely vegetated areas, and dry seasonal drainages. The vegetation mainly consists of native plants, comprised of Interior live oak (Quercus wislizenii), California black oak (Quercus kelloggii), valley oak (Quercus lobata), and blue oak (Quercus douglasii) woodlands with gray pine (Pinus sabiniana) trees, California buckeye (Aesculus californica), poison oak (Toxicodendron diversilobum), whiteleaf manzanita (Arctostaphylos manzanita), chamise (Adenostoma fasciculatum), and various native and non-natives grasses and shrubs. The footprint of the project at both sites partially includes the existing parking areas and adjacent ruderal vegetation. The location at the equestrial staging area parking area sited in a strip of ruderal vegetation between the parking lot and a dirt/gravel road that leads to an industrial area (Figure 4). The Mark Twain Day Use Area project footprint is mostly paved and surrounded by ruderal vegetation (Firugre 3).

Wildlife

Wildlife observed in the general area of the project include black tailed deer (Odocoileus hemionus), rabbits (Sylvilagus bachmani), raccoons (Procyon lotor psora), opossums (Didelphis virginiana), gray foxes (Urocyon cinereoargenteus), coyotes (Canis latrans), black bears (Ursus americanus californiensis), rattlesnakes (Crotalus oreganus), mountain lions (Puma concolor) and bobcats (Lynx rufus). Quails (Callipepla californica), canyon wrens (Catherpes mexicanus), red-tailed hawks (Buteo jamaicensis) and bald eagles (Haliaeetus leucocephalus) are among the bird species observed in the general vicinity of the project area. Common wildlife species inhabiting this type of habitat would likely be affected by the installation of the vault toilets, visitor usage and maintenance of the facility.

For the purposes of this document, special-status plant and wildlife species are defined as those species listed as endangered, threatened, or proposed for listing under the Federal Endangered Species Act (ESA), as amended], Title 50, Section 17), and birds protected under the Migratory Bird Treaty Act (MBTA) (16 U.S. Code 703-712). Table 1 below provides a summary of the status and habitat requirements for each of the federally listed species with the potential to occur in the area. Species only protected under the MBTA (i.e., not federally listed under the ESA) are not listed in Table 1 because most bird species occurring in California fall under the protection of the

MBTA.

The species listed in Table 1 (below) are a compilation of species obtained from the U.S.

Fish and Wildlife Service (Service) species list for the project area boundary (Service 2022), a search of the California Natural Diversity Database (CNDDB) (California Department of Fish and Wildlife (CDFW 2022), a search of the California Native Plant Society (CNPS) project quadrangle and surrounding eight quadrangles (CNPS 2022), relevant literature, knowledge of regional biota, and observations made during field investigations. The potential for each species to occur in the project area was evaluated in consideration of site-specific conditions.

Table 1 Threatened and Endangered Species List from USFWS.

Species Status Habitat Occurrence in Action Area Invertebrates

Vernal pool fairy shrimp Branchinecta lynchi

FT Occur primarily in vernal pools.

Absent. Suitable habitat absent within the project area.

Valley elderberry longhorn beetle Desmocerus californicus dimorphus

FT Lives in elderberry shrubs of California's Central Valley and Sierra Foothills with stems one inch or greater in diameter.

Absent. Suitable habitat absent within the project area. Outside the range of the species at about 800-foot elevation.

Monarch Butterfly Danaus plexippus

FT Candidate No critical habitat has been designated for this species.

Absent. Suitable habitat absent within the project area. No milkweed or suitable nectar plants exist in the area.

Fish Delta smelt Hypomesus transpacificus

FT, CE Endemic to the Delta.

Found in San Joaquin River up to Mossdale in some years and in Sacramento River up to Rio Vista where salinity is 2-7 parts per thousand.

Absent. Suitable habitat absent within the project area.

Central Valley steelhead Oncorhynchus mykiss

FT Anadromous species;

spawns in cold waters.

Absent. No natural waterways within the species' range would be affected by the project area.

Central Valley spring-run chinook salmon Oncorhynchus tshawytscha

FT Anadromous species;

spawns in cold waters.

Absent. No natural waterways within the species' range would be affected by the project area.

Amphibians California tiger salamander, central population Ambystoma californiense

FT, CT Found primarily in annual grasslands; requires vernal pools for breeding and rodent burrows for refuge.

Unlikely. The project area is within suitable upland habtat but 3.067 mile(s) from the nearest body of water that could be suitable breeding habitat (an unnamed pond to the southwest). The nearest documented occurrence for this species from the Equestrian Staging Area is 26.2 miles away. The nearest documented occurrence for this species from Mark Twain Recreation Area is 24.5 miles away (CNDDB 2022)

California red-legged frog Rana draytonii

FT Red-legged frogs require aquatic habitat for breeding but also use a variety of other habitat types including riparian and upland areas. Adults often utilize dense, shrubby or emergent vegetation closely associated with deep-water pools with fringes of cattails and dense stands of overhanging vegetation such as willows.

Unlikely The project area is within suitable upland habtat but 4.208 mile(s) from the nearest body of water that could be suitable breeding habitat (an unnamed pond to the southwest). The nearest documented occurrence for this species from the Equestrian Staging Area is 26.2 miles away. The nearest documented occurrence for this species from Mark Twain Recreation Area is 24.5 miles (CNDDB 2022).

Plants Chinese Camp brodiaea Brodiaea pallida

FT, CE Grows in overflow channels, seeps, and springs in clays that may be derived

Absent. The footprint of the project does not contain any conditions suitable to the species.

from serpentine soils (FWS 2007).

Definitions of Occurrence Indicators:

Absent: Species not observed within the action area and precluded from occurring there because habitat requirements not met.

Listing Status Codes:

FE: Federal Endangered FT: Federally Threatened CE: State Endangered CT: State Threatened

On February 9, 2021, Reclamation’s Natural Resource Specialist Sandra Patania, performed a site visit to determine if sensitive species or wetland habitats were present within the project area.

The results of the site visit were:

• Wetlands were not observed within the project area.

• Sensitive species were not observed within the project area during the site visit.

• There were no elderberry plants located within 165 feet of the project area during the site visit.

• Special-status species were not found or identified within the project area during the site visit.

Project Impacts

No Action Alternative

There would be no new impacts to biological resources under the No Action Alternative. Existing conditions would continue.

Proposed Alternative

The Proposed Action will result in the permanent loss habitat of up to 1,964 square feet around each vault toilet. The habitat consists of ruderal vegetation within the surrounding blue oak woodland with an herbaceous understory of annual grasses, many classified as invasive or non-native species. Access to the site from developed roads and therefore the temporary impacts would likely be trampling of assorted grasses and herbaceous plants. Common wildlife species inhabiting this type of habitat would likely be temporarily affected by the installation of the vault toilets, visitor usage and maintenance of the facility.

If the Proposed Action were to be implemented during bird nesting season, there is potential for adverse effects to nesting success through disturbance or destruction of a nest. The Proposed Action includes pre-construction surveys for nesting birds and avoidance for identified nests.

Considering the preconstruction surveys, the short duration of construction activities, and access to the site from developed roads, it is expected that there will be no adverse impacts to nesting birds.

The Proposed Action would result in the permanent loss of a 50-feet diameter area around each vault toilet of suitable upland habitat for the California tiger salamander and California red-legged frog. However, the location of the vault toilets are over three to four miles from any potential breeding habitat. Considering the small size of the permanent disturbance, short duration of construction activities, and installation using hand tools, crane, front loader or skidsteer, and distance to known occurrences of California tiger salamander and California red-legged frog, it is extremely unlikely that either species will be present. Therefore, adverse impacts to the California tiger salamander and California red-legged frog are not expected.

3.4 Cumulative Effects

Per Council on Environmental Quality regulations for implementing the procedural provisions of NEPA, a cumulative impact is defined as the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonable foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 1508.7).

Reclamation determined that the Proposed Action would have a very small effect to environmental resources due to the small size of the vault toilets installation and temporary construction disturbance. The Proposed Action is on Federal lands and there are no current or reasonably foreseeable plans for other projects in the area. Therefore, no cumulative effects are expected with implementation of the Proposed Action.

Section 4 Consultation & Coordination

4.0 Agencies and Persons Consulted

During development of the Proposed Action Reclamation consulted and coordinated with the Chicken Ranch Rancheria of Me-Wuk Indians of California, the Tuolumne Band of Me-Wuk Indians, the California Valley Miwok Tribe and State Historic Preservation Officer.

Section 5 References California Department of Fish and Wildlife. Natural Diversity Database Rarefind. Available:

https://www.wildlife.ca.gov/Data/CNDDB/Maps-and-Data. Accessed: March 2, 2022

USFWS 2022. Information for Planning and Consultation (IPaC). Available:

https://ecos.fws.gov/ipac/. Accessed: March 2, 2022 https://www.wildlife.ca.gov/Data/CNDDB/Maps-and-Data.

https://ecos.fws.gov/ipac/

Appendix A: Indian Trust Assets

ITA Determination: CGB-EA-2022-016

The closest ITA to the proposed Vault Toilet Installation at Mark Twain Day Use Area and the Equestrian Staging Area Parking Lot at New Melones Lake, California-Great Basin Region 10 , CGB-EA-2022-016, activity is the Chicken Ranch, Chicken Ranch Rancheria of Me-Wuk Indians about 1.08 miles at Mark Twain Day Use Area and 5.32 miles at the Equestrian Staging Area Parking Lot (see image below). Based on the nature of the planned work it does not appear to be in an area that will impact Indian hunting or fishing resources or water rights nor is the proposed activity on actual Indian lands. It is reasonable to assume that the proposed action will not have any impacts on ITAs.

______________________ Sandra Patania 3 May 2022 Signature Printed name of approver Date

Appendix B: Cultural Resources

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Section 1 Introduction
1.1 Background
1.2 Need for the Proposed Action
Section 2 Alternatives Including the Proposed Action
2.1 No Action
2.2 Proposed Action
Section 3 Affected Environment and Environmental Consequences
3.1 Resources Eliminated from Further Review
3.2 Cultural Resources
3.2.1 Affected Environment
Project Impact
3.2.2 Environmental Consequences
3.3 Biological Resources
Table 1 Threatened and Endangered Species List from USFWS.

3.4 Cumulative Effects

Section 4 Consultation & Coordination
4.0 Agencies and Persons Consulted
Section 5 References
Appendix A: Indian Trust Assets
Appendix B: Cultural Resources
2022-05-03T13:31:26-0700
SANDRA PATANIA

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