4-4-CR27006-22225510 BLM Environmental Commitments.pdf

United States Department of the Interior

BUREAU OF LAND MANAGEMENT

St. George Field Office

4001 East Aviator Drive

St. George, Utah 84790

Telephone: (435) 688-3200

In Reply Refer To:

INTERIOR REGION 7 • UPPER COLORADO BASIN

COLORADO, NEW MEXICO, UTAH, WYOMING

2810 (UTC0300) November 21, 2025

UTUT105858834

CERTIFIED MAIL: 7022 0410 0001 0184 7706

Utah Division of State Parks

1594 W. North Temple, Suite 116

Salt Lake City, UT 84114-6001

Utah Division of State Parks:

Enclosed are two copies of an unsigned right-of-way (ROW) grant (Form 2800-14) along with stipulations to construct, operate, maintain, and terminate a road (Gunlock Reservoir West

Access Road and Bridge) on Bureau of Land Management administered land; serial number

UTUT105858834. Please review the documents and if it meets with your approval, sign and date both copies of the grant and return to the address shown above. Upon our receipt of the signed documents and the fees discussed below, we will issue the ROW grant, absent any other unresolved issues.

According to Federal regulations contained in 43 Code of Federal Regulations CFR)

2806.14(a)(2) and 43 CFR 2804.16(a), Utah Division of State Parks has been determined to be rental and cost recovery exempt for this project.

Please return BOTH signed copies of the grant, along with the cost recovery fee and rent payment as discussed above. If these requirements are not met, your application may be denied.

If you have any questions please contact Lennie McConnell, Project Manager, at (435)865-3052 or send e-mail to lmcconnell@blm.gov.

Sincerely, Jason R. West

Field Manager

St. George Field Office

Enclosures

1) Form 2800-14 ROW Grant -2 Copies

2) Exhibits A-C (Legal Description, Terms and Conditions, and Maps zach.scott Text Box

FOR INFORMATION ONLY

EXHIBIT A. LEGAL LAND DESCRIPTION

Salt Lake Meridian, Utah

T. 41 S., R 17 W., sec. 5, NE1/4SW1/4, NW1/4SE1/4, & SW1/4SE1/4.

This area described contains 16.79 acres, more or less.

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EXHIBIT B. STIPULATIONS / TERMS AND CONDITIONS

General

• In case of change of address, the holder shall immediately notify the Bureau of Land

Management (BLM) Authorized Officer.

• There is reserved to the authorized officer, the right to grant additional rights-of-way or permits for compatible use on, over, under, or adjacent to the land involved in this grant.

• If at any time hereafter the holder wishes to reconstruct, remodel, or relocate any portion of the right-of-way or change, modify, or add improvements or facilities thereon, the prior written approval of the Authorized Officer must be obtained. The holder must amend this right-of-way grant at any time additional land, equipment, and/or new uses are proposed which are beyond the scope of the existing authorization.

• If the right-of-way holder violates any of the terms and conditions of this grant, the authorized officer, after giving written notice may declare the grant terminated.

• This grant will be issued subject to all valid existing rights including other authorized rights-of-way that may be located adjacent to or which may be affected by the construction, operation, maintenance and termination of this described right-of-way. Any existing facilities which may be damaged during operation, maintenance, or termination of this right-of-way shall be repaired or restored to the same condition as existed prior to the damage.

• This right-of-way applies only to public lands. It is the grantee’s responsibility to obtain appropriate authorization from the landowners of other affected lands.

• Holder may not construct or make access roads or travel cross-county by vehicle to reach the grant area unless prior written approval is given by the Authorized Officer.

• The holder shall protect all survey monuments found within the right-of-way. Survey monuments include, but are not limited to, General Land Office and Bureau of Land

Management Cadastral Survey Corners, reference corners, witness points, U.S. Coastal and Geodetic benchmarks and triangulation stations, military control monuments, and recognizable civil (both public and private) survey monuments. In the event of obliteration or disturbance of any of the above, the holder shall immediately report the incident, in writing, to the Authorized Officer and the respective installing authority, if known. Where General Land Office or Bureau of Land Management right-of-way monuments or references are obliterated during operations, the holder shall secure the services of a registered land surveyor or a Bureau cadastral surveyor to restore the disturbed monuments and references using surveying procedures found in the Manual of

Surveying Instructions for the Survey of the Public Lands in the United States, latest edition. The holder shall record such survey in the appropriate county and send a copy to the Authorized Officer. If the Bureau cadastral surveyors or other Federal surveyors are used to restore the disturbed survey monument, the holder shall be responsible for the survey cost.

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• The holder shall conduct all activities associated with the operation and termination of the right-of-way within the authorized limits of the right-of-way.

• The holder shall comply with the provision of Title VI of the Civil Rights Act of 1964, and will not engage in any discriminatory actions prohibited by 43 CFR Part 17, to the end that no person in the United States shall, on the grounds of race, color, national origin, or gender, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under the program for which the holder has received a Federal authorization.

• The holder or their contractors will notify the BLM of any fires and comply with all rules and regulations administered by the BLM concerning the use, prevention and suppression of fires on federal lands, including any fire prevention orders that may be in effect at the time of the permitted activity. The holder or their contractors may be held liable for the cost of fire suppression, stabilization and rehabilitation. In the event of a fire, personal safety will be the first priority of the holder or their contractors. The holder or their contractors will:

• Operate all internal and external combustion engines on federally managed lands per 36

CFR 261.52, which requires all such engines to be equipped with a qualified spark arrester that is maintained and not modified.

• Initiate fire suppression actions in the work area to prevent fire spread to or on federally administered lands.

• Carry shovels, water, and fire extinguishers that are rated at a minimum as ABC – 5 pounds on all equipment and vehicles. If a fire spreads beyond the suppression capability of workers with these tools, all will cease fire suppression action and leave the area immediately via pre-identified escape routes.

o Notify the Color Country Interagency Fire Center at (435) 865-4600, or 911 immediately of the location and status of any escaped fire. Construction personnel will be trained in basic fire control procedures.

• The State would park equipment not stored overnight in staging areas in the ROW as far away from any roadways as possible and would be surrounded by reflective cones and orange construction fencing.

• During project activities, the State would locate vehicle parking and material stockpiles within the ROW or within designated staging areas.

• On-site employees would not feed any animals, wild or domestic, on the site.

• The State would not use any rodenticides on the project site.

• The State would maintain the integrity of livestock gates, fence, cattle guards, and water pipes during construction.

• Basic regulatory signage per State standards would be installed throughout the corridor.

This would include speed limit signs, “no parking” signs, and bridge load limit signs. All zach.scott signs would be installed within the roadway shoulder and are within the 3.76-acre permanent long-term disturbance.

• The State would maintain the construction site in a sanitary condition. Waste materials at the job site would be disposed of promptly at an appropriate waste disposal site. “Waste” means all discarded matter including, but not limited to, human waste, trash, garbage, refuse oil, drums, petroleum products, ash, construction debris, and equipment.

• The State would implement a litter-control program shall be implemented. All trash and food items shall be contained immediately when discarded. Containers will preclude the entrance of both birds and mammals which might be attracted to the garbage. This trash

(especially food-related trash) will be properly contained and regularly removed from the project site.

Areas of Critical Environmental Concern (ACEC)

The Santa Clara/Gunlock ACEC contains important resource values and the State would institute mitigation measures including:

• Construction techniques that minimize the amount of sediment and other materials that enter the Santa Clara River. Techniques employed include:

o Standard State-mandated SWPPP practices; the entire limits of disturbance would be encompassed with silt fence and temporary shoring would be placed around the bridge to prevent water intrusion and sediment.

o Temporary sediment traps composed of excavated basins.

o The use of erosion control blankets, fiber rolls, rip rap, and hydraulic erosion control product following construction.

• The 0.14 acre of disturbed riparian habitat would be mitigated as required by the RMP

(see Section 3.2.2.3 below) and a Nationwide Permit obtained from the United States

Army Corps of Engineers (USACE). Mitigation for effects will be finalized when design is more complete; a permit would be prepared and mitigation for Effects would be required as part of this process. Mitigation (how much and what type) would be overseen by the USACE and would meet BLM standards. Collaboration with the Virgin River

Program may also occur, as directed.

• No construction would be allowed from April 1 to August 31 to protect spawning and nesting birds, including the Southwestern Willow Flycatcher. This timing could be waived if a BLM approved biologist determines that migratory bird nests are not present.

Public Health & Safety Environmental Protection

• Failure of the Holder to comply with applicable law or any provision of this right-of-way grant shall constitute grounds for suspension or termination thereof.

• Holder shall maintain the right-of-way in a safe, usable condition, as directed by the authorized officer.

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• The holder agrees to indemnify and hold harmless the United States for any and all liability, including injury to persons or damage of property, which may result directly from the use permitted.

• The Holder of Right-of-Way agrees to indemnify the United States against any liability arising from the release of any hazardous substance or hazardous waste (as these terms are defined in the Comprehensive Environmental Response, Compensation and Liability

Act of 1980, 42 U.S.C. 9601, et seq. or the Resource Conservation and Recovery Act of

1976, 42 U.S.C. 6901 et seq.) on the right-of-way (unless the release or threatened release is wholly unrelated to the right-of-way holder’s activity on the right-of-way. This agreement applies without regard to whether a release is caused by the holder, its agent, or unrelated third parties.

• The Authorized Officer may suspend or terminate in whole, or in part, any notice to proceed which has been issued when, in his/her judgment, unforeseen conditions arise which result in the approved terms and conditions being inadequate to protect public health and safety or to protect the environment.

• The holder shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder shall comply with the Toxic

Substances Control Act of 1976 as amended, 15 U.S.C. 2601 et. Seq. (1982) with regards to any toxic substances that are used, generated by, or stored on the right-of-way or on facilities authorized under this right-of-way grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193.)

Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the

Comprehensive Environmental Response, Compensation, and Liability Act, Section

102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the Authorized Officer concurrent with the filing of the reports to the involved Federal agency or State government.

• If during any phase of the construction, operation, or termination any oil or other pollutant should be discharged from containers or vehicles and impact Federal lands, the control and total removal, disposal, and cleanup of such oil or other pollutant, wherever found, shall be the responsibility of the holder, regardless of fault. Upon failure of holder to control, cleanup, or dispose of such discharge on or affecting Federal lands, or to repair all damages to Federal lands resulting there from, the authorized officer may take such measures as he deems necessary to control and cleanup the discharge and restore the area, including, where appropriate, the aquatic environment and fish and wildlife habitats, at the full expense of the Holder. Such action by the authorized officer shall not relieve the holder of any liability or responsibility.

Cultural

• Any cultural or paleontological resource (historic or prehistoric site or object) or Native

American human remains, funerary item, sacred object, or objects of cultural patrimony discovered by the permit holder, or any person working on their behalf, during the course of activities on Federal land, shall be immediately reported to the BLM Authorized zach.scott

Officer by telephone, with written confirmation. The permit holder shall suspend all operations 100 meters within the discovery and appropriately protect the discovery until an evaluation has been made by the BLM Authorized Officer.

o Pursuant to Native American Graves Protection and Repatriation (NAGPRA)

Regulations (43 CFR§10.4(g)), the BLM authorized officer would be notified, by telephone, and with written confirmation, immediately upon the discovery of human remains, funerary objects, sacred objects, or objects of cultural patrimony

(as defined in 43 CFR §10.2). Further pursuant to 43 CFR §10.4 (c) and (d), the operator would immediately stop all activities in the vicinity of the discovery and not commence again for 30 days or when notified to proceed by the BLM authorized officer.

o For cultural resources other than Native American human remains, funerary item, sacred object, or objects of cultural patrimony, this evaluation will determine the significance of the discovery and what mitigation measures are necessary to allow activities to proceed. The holder is responsible for the cost of evaluation and mitigation. Any decision on treatment and/or mitigation will be made by the

BLM Authorized Officer after consulting with the permit holder. Operations may resume only upon written authorization to proceed from the BLM Authorized

Officer.

• If previously undocumented cultural or historic objects are discovered during construction, the BLM agency official would be notified and work in the area would halt until a professionally trained archaeologist can document and evaluate the discovery.

• Other measures have been identified to reduce effects to several other historic properties within the project area. Treatment measures would include but are not limited to avoidance, archeological monitoring, tribal monitors, data recovery, site testing and mapping, documentation of rock imagery and boulder metates, probing, excavation, artifact analysis, and reporting.

• A Memorandum of Agreement (MOA) and Historic Properties Treatment Plan (HPTP)

(which includes a NAGPRA Plan of Action) were developed to resolve adverse effects to one National Register–eligible site and prevent adverse effects to three additional

National Register eligible sites (Appendix D). The Utah State Historic Preservation

Office, affiliated tribes, and other consulting parties consulted with the BLM regarding the MOA and HPTP. Treatments would be implemented before phased construction, approved through Notice to Proceeds. Treatment measures would likely include surface collection and site mapping, ground-penetrating radar, excavation, artifact collection and analysis, full-time archeological monitoring, tribal monitors present during all ground disturbing activities on the BLM, and protective fencing as necessary around sensitive areas. and reporting. Implementation of the HPTP would ensure that there are no significant adverse Effects to cultural resources in the project area.

• As directed by the agency POC, project proponents will prepare a public education and outreach component regarding cultural resources and the Old Spanish National Historic

Trail, such as a public display. Public education outreach components will be subject to

Agency approval and Tribal review and consultation. These public education and outreach components are identified as required treatments as mitigation measures in the

MOA.

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• If human remains, funerary objects, sacred objects, or objects of cultural patrimony are inadvertently discovered, the provisions of NAGPRA shall apply and the process identified in the MOA must be followed.

• A cultural resource monitor will be on site during the project disturbance activity. The project applicant may, with the approval of the agency POC, assign a Cultural Resource

Coordinator (CRC) to ensure an integrated compliance process across administrated and jurisdictional boundaries. The CRC will facilitate and coordinate compliance with multiple laws, policies, regulations, and agreements (MOA) among multiple agencies and other entities, jurisdictions. The CRC shall be a qualified professional with experience in cultural resource compliance.

• Avoidance of Effects to historic properties is the preferred mitigation option.

Paleontology

• A monitor would be on site during construction.

• An approved mitigation plan should be in place prior to construction activities.

• The applicant would immediately notify the Authorized Officer of any paleontological resources discovered because of operations under this authorization.

• The applicant would suspend all activities near the discovery until notified to proceed by the Authorized Officer and will protect the discovery from damage or looting.

• The applicant would be responsible for informing all persons in the project area who are associated with the project of the requirements for protecting paleontological resources.

Vegetation Excluding USFWS Designated Species/Noxious Weeds/Invasive Species

• The holder will be responsible for controlling noxious weeds within the limits of the right-of-way. Noxious weeds are defined as those which are listed by the Utah

Commissioner of Agriculture under the Noxious Weed Act, and those declared noxious by the County in which the ROW resides. The holder will employ weed control methods approved in writing by the BLM Authorized Officer. An approved Pesticide Use

Proposal (PUP) must be obtained prior to application of herbicides. Upon coordination with the Authorized Officer, the holder may elect to operate under an approved PUP which the BLM holds, or may apply for its own PUP, either through the Authorized

Officer or the BLM Utah State Office. A daily Pesticide Application Report (PAR) must be submitted to the Authorized Officer for each day weeds are sprayed on the ROW.

• All construction-related equipment would be cleaned of soil, seeds, vegetative matter, or other debris or matter that could contain or hold noxious seeds. The cleaning of equipment would also be done any time thereafter if the equipment were to leave the project area, be used on another project, and then reenter the project area.

• A certified weed-free seed mix approved by the BLM would be used during reclamation activities and would contain native species found in the area.

• No herbicides should be used near wetland areas. Vegetation maintenance, if any is needed, should be limited and done mechanically.

• Access roads and newly established ROWs should be monitored regularly for invasive species establishment as part of a long-term management program and weed control measures should be initiated immediately upon evidence of invasive species.

• Weed-free mulch, matting, or other erosion control measures should be used on all exposed soils immediately following seeding.

• During the life of the proposed project and until the site is released from liability for reclamation, the limits of disturbance would be inspected for noxious weeds. If found, the authorized state or federal agent would be notified, and the weeds would be treated following a program approved by the BLM to eliminate further spreading. Treatment would continue until the weeds have been reduced to preconstruction levels.

• A pre-disturbance noxious weed inventory is required to determine the presence of noxious weeds prior to beginning of construction and to determine whether treatment is needed prior to disturbance.

• Post-construction monitoring for invasive plant species will be required by the applicant.

• All types of travel through weed-infested areas would be avoided. To reduce the potential for the spread of noxious and invasive weeds from vehicles and equipment during construction, contractors would thoroughly power wash and remove vegetative material and soil before transporting vehicles/equipment to the work site. This includes cleaning all trucks, trailers, and other machinery before entering the project area.

• A certified weed-free seed mix approved by BLM would be used during reclamation activities and would use native species found in the area.

• Shrubs and trees removed during project construction will be removed with roots intact so that they can be salvaged and re-planted during reclamation where feasible. Other vegetation should be left in place or used to aid in erosion control at the site.

Soil Protection and Rehabilitation

• All areas subject to temporary ground disturbance, including storage and staging areas, would be restored to the original contours and revegetated following construction.

• A certified weed-free seed mix recommended by the BLM would be used during reclamation activities and will use native species found in the area.

• Topsoil removed during construction would be kept separated from the subsoil. The topsoil would be spread back out after construction is complete.

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• Vegetation removal would be minimized.

Wildlife and Wildlife Resources (excluding USFWS Designated Species)

• No ground disturbance or otherwise disruptive maintenance activities would be allowed from April 1 through July 31 without the completion of migratory bird nest surveys within priority habitats. Surveys would focus on bird species identified as priority bird species in Utah through Partner’s in Flight and U.S. Fish and Wildlife Service Birds of

Conservation Concern. The need for field surveys will be determined by the BLM wildlife biologist. Based on surveys, the BLM wildlife biologist will determine appropriate buffers and timing limitations.

• Surveys will be required whenever surface use or otherwise disruptive activity is proposed in association with construction, ground disturbance, or otherwise disruptive maintenance activities within raptor nesting habitat. Field surveys shall be conducted according to protocol and determined to be unoccupied by the BLM authorized officer prior to surface disturbance activities. If nesting sites are identified as a result of the surveys, appropriate buffers and timing limitations would be implemented in accordance with BLM’s Best Management Practices for Raptors.

Migratory Birds

• Construction activities, including the removal of woody vegetation, will be avoided during the breeding season for most birds, particularly the Southwestern Willow

Flycatcher (April 1–August 31).

• If project construction or maintenance occurs during the maximum migratory bird nesting season, a pre-construction avoidance survey for nesting birds should be completed by a qualified biologist no greater than 7 days prior to work starting. Surveys would be conducted using current USFWS protocols.

• If construction occurs during breeding season for migratory birds within the area, project work would be limited to the day use area where proper buffers could be maintained between sensitive areas and work. Minor traffic would still be in place along the roadway, but no major ground disturbing work would occur between the day use area and

Gunlock Drive.

• The movement of equipment and materials with the corridor segments should be confined as much as possible.

Threatened, Endangered, or Candidate Species

• Construction activities, including the removal of woody vegetation, should be restricted between April 1 through August 31 to avoid critical life history stages for birds and fish, including the Southwestern Willow Flycatcher.

• If project construction or maintenance occurs during the maximum migratory bird nesting season, a pre-construction survey for nesting birds should be completed by a qualified zach.scott biologist no greater than 7 days prior to work completion. Surveys should be conducted using current USFWS protocols.

• Appropriate avoidance distance would be employed if target species is found. If breeding

Southwestern Willow Flycatchers are discovered within or near the project area, all work would cease and Section 7 consultation between the BLM and USFWS would need to occur.

• All construction activities within the Santa Clara River floodplain will occur “in the dry”

(i.e., construction will not occur within flowing or standing water).

• The Santa Clara River would be piped through a culvert during construction to maintain connectivity, avoid Effects, and allow equipment to cross the creek. Alternatively, an existing crossing of the Santa Clara River (e.g., along the Gunlock Reservoir Dam) could be used.

Transfer of Federal Ownership/Relinquishment/Assignment

• In accordance with federal regulations in 43 CFR 2807.21 any proposed transfer of any right or interest in the right-of-way grant shall be filed with the BLM Authorized Officer.

An application for assignment shall be accompanied by a showing of qualifications of the

Assignee. The assignment shall be supported by a stipulation that the Assignee agrees to comply with and to bound by the terms and conditions of the grant to be assigned. No assignment shall be recognized unless and until it is approved in writing by the

Authorized Officer.

• In the event that the public land underlying the right-of-way encompassed in this grant, or a portion thereof, is conveyed out of Federal ownership and administration of the ROW or the land underlying the ROW is not being reserved to the United States in the patent/deed and/or the ROW is not within a ROW corridor being reserved to the United

States in the patent/deed, the United States waives any right it has to administer the right-of-way, or portion thereof, within the conveyed land under Federal laws, statutes, and regulations, including the regulations at 43 CFR Part 2800, including any rights to have the holder apply to BLM for amendments, modifications, or assignments and for BLM to approve or recognize such amendments, modifications, or assignments. At the time of conveyance, the patentee/grantee, and their successors and assigns, shall succeed to the interests of the United States in all matters relating to the right-of-way, or portion thereof, within the conveyed land and shall be subject to applicable State and local government laws, statutes, and ordinances. After conveyance, any disputes concerning compliance with the use and the terms and conditions of the ROW shall be considered a civil matter between the patentee/grantee and the ROW Holder.

• Prior to termination of the right-of-way, the holder shall contact the authorized officer to arrange a joint inspection of the right-of-way. This inspection will be held to agree to an acceptable termination (and rehabilitation) plan. This plan shall include but is not limited to, removal of facilities, drainage structures, or surface material, recontouring, top-soiling, or seeding. The authorized officer must approve the plan in writing prior to the holder’s commencement of any termination activities.

• The right-of-way shall be relinquished to the United States if the authorized uses are no longer needed.

Floodplains

• The bridge and roadway should be designed to withstand flooding; additional measures that should be used include erosion control (i.e., silt fences and sediment basins), and the implementation of a stormwater management plan to prevent runoff and minimize Effects to natural water flow patterns.

• A floodplain development permit would be obtained for those portions of the project located in designated floodplains.

Water Resources/Water Quality

• A SWPPP will be developed to prevent erosion of sediment from the site.

• Stream Alteration and Section 404 permits would be submitted with suitable stream bank restoration as required.

• Approved silt fence, sediment fiber rolls, and standard construction best management practices (BMP) would be used to prevent soil and trash entering the river.

• All bare soil (abutment slopes or a stockpile) would be protected before it rains.

• Soil stabilization BMP such as mulch, soil binders, plastic sheeting, or erosion control blankets should be used to protect bare soil.

• Suitable measures to avoid or minimize, to the extent practicable, damage to the bridge and associated road from expected flood flows, floating debris, and bedload would occur.

Wetlands/Riparian Zones

• Where possible, the disturbance area within jurisdictional waters would be minimized by limiting the area of tracking vehicles.

• Rip rap would not be installed in the active channel of the Santa Clara River, and only voidless rip rap would be installed in the floodplain.

• Fuel, oil, hydraulic fluids and dust control substances should not be stored within 100 feet of wetlands or waterbodies. Refueling of over-the-road vehicles shall not occur within

100 feet of wetlands or waterbodies. Heavy construction equipment may be refueled on the work site only outside wetlands and no closer than 100 feet from watercourses. A fuel spill control plan and equipment should be provided on the site and appropriate cleanup, and reporting procedures should be followed.

• To minimize erosion potential, all low-growing varieties of vegetation adjacent to wetlands must be preserved to the fullest extent possible. Excess sediment disposal from zach.scott any activity within the controlled area must be removed and placed at an upland site and suitably contained to prevent erosion and/or transport to a wetland or watercourse. Effect in a wetland area can be decreased by reducing the size of equipment used in sensitive areas. This reduces the amount of pressure to the travel surface as well as the necessary width of access ways.

Visual Resources

• Within (Visual Resource Management) VRM III areas, landscape changes should repeat the basic elements of form, line, color, and texture found in the predominant natural features of the characteristic landscape. The applicant would not use road base or other road-building materials that would create a high visual contrast between the native soil and the road. If disturbed soil or rock is light enough to attract the attention of the casual observer, a rock stain should be applied to lessen the contrast.

• If lighting attracts the attention of the casual observer, light pollution should be mitigated by limiting height of light poles, limiting wattage intensity, and constructing light shields unless otherwise required by the Occupational Safety and Health Administration (OSHA) or the Federal Aviation Administration (FAA). Mitigation measures would be effective because they would reduce the potential for visual contrast from construction, reduce the potential for noticeable lighting, and limit drilling lighting to times when casual observers are least likely to be near the Proposed Action.

• The proposed roadway would be placed along an existing two track roadway alignment to avoid Effects to vegetation were practicable.

• Concrete coatings and textures should be used on structural elements that blend into the natural landscape. Design features should include staining the bridge a color that is found in the natural landscape, preferably rust red, tan, or brown, and applying Natina Steel or a similar product to guardrails and other metal surfaces to minimize their appearance.

• A BLM-approved seed mix containing native shrubs, cacti, and grasses would be used to restore disturbed vegetation areas.

• Design details would include the scatter and placement of materials such as rock, plants, and natural debris in restoration areas to break up cut and fill slopes with natural elements.

National Historic Trails (i.e., the Old Spanish Trail)

• The proponent will be required to install signage (approved by the BLM) along the ROW corridor and at the day use/camping area informing the public of the history of the Old

Spanish Trail.

Solid and Hazardous Wastes

• The applicant would take measures to minimize the occurrence of contaminants from construction equipment, welding, and refueling from entering surface water. No refueling would occur within 100 feet of a designated waterbody or wetland.

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• All toxic substances (e.g., oil, gas, anti-freeze) would be stored in closed containers at all times. Accidental spills would be cleaned up immediately.

• No chemicals subject to reporting under SARA Title II in amounts greater than 10,000 pounds would be used, produced, stored, transported, or disposed of annually in association with the project. Trash and other waste materials would be cleaned up and removed immediately after completion of operations.

Fire Control

• A representative would be designated to oversee fire control during construction. The fire representative would ensure that each construction crew has firefighting tools and equipment such as fire extinguishers, axes, and shovels for dirt spoil piles at all times.

Additionally, a water truck present for dust control would also be used as a fire preventative measure.

• In the event of a fire, contractors would initiate fire suppression actions in the work area.

Suppression would continue until the fire is out or until the crew is relieved by an authorized representative of the agency on whose land the fire occurred. Contractors would be responsible for all costs associated with the suppression of fires and the rehabilitation of fire damage resulting from their operations, employees, or contractors.

Air Quality and Dust Control

• Reasonable precautions would be used to prevent fugitive dust from becoming airborne, including 1) using water to control dust where possible, 2) maintaining activities within the established ROW and access road, 3) covering open-bodied trucks at all times while transporting materials likely to produce airborne dusts, 4) promptly removing earth or material from paved surfaces, and 5) re-establishing vegetation in temporary work areas as quickly as possible.

• Apply dust abatement techniques such as watering before earth moving activities such as excavating, backfilling.

• During construction access will be limited to the construction site and staging areas to authorized vehicles.

• Revegetate disturbed areas as soon as possible post-construction.

Bridge Construction

• Temporary Storm Water Pollution Prevention Plan (SWPPP) features would be appropriately placed to control stormwater run-off. These would include fiber rolls, silt fence, earthen berms, and check dams.

• Disturbed areas would be stabilized to meet SWPPP and revegetation requirements.

• The area between Gunlock Drive and the east bank of Santa Clara River would undergo rough grading and subgrade preparation.

• Staging for the first six months of construction will occur within the temporary effects area (or limits of disturbance area) between Gunlock Drive and the bridge crossing. Once the roadway is rough graded, staging will occur at the proposed parking area for the remainder of construction.

• If additional staging is required outside the cleared corridor, the contractor would be required to obtain clearance.

• Crossing equipment would be temporarily placed in the river for construction access to east and west banks.

• Excavation, drilling, or placement of helical piers, footings, and foundations for the proposed bridge.

• Bridge abutments and wing walls would be constructed outside of ordinary high-water mark.

• Rip rap and scour protection would be placed adjacent to the bridge abutments and wing walls.

• Stream bank restoration would occur according to requirements of the Stream Alteration and Section 404 permits.

• Bridge girders, decking, and parapet/barriers would be appropriately placed.

• Bridge approach ramps on both sides of the river would be constructed.

• The subgrade between the east bridge approach ramp and Gunlock Drive would be completed.

EXHIBIT C. MAP