A06_NEPA_Terms_AppendixE.pdf

APPENDIX E

RRCNCA

VISITOR'S CENTER AND FEE STATION

POTABLE WATERLINE REPLACEMENT

NEPA TERMS

Terms and Conditions for Red Rock Visitor Center Well Head and Waterline Replacement

DOI-BLM-NV-S020-2015-0009-EA

Measures Proposed to Minimize the Effects of the Proposed Action:

1. Speed limit: The speed limit is 35 miles-per-hour on the Red Rock Scenic Loop road. Within Clark County, the speed limit is 25 miles-per-hour on unposted County roads; this speed will be established for all activities at all times unless otherwise designated.

2. Vehicles: All project/event-related individuals shall check underneath stationary vehicles before moving them.

3. Vehicle traffic. Shall be restricted to existing access roads, unless otherwise authorized by BLM and the Service.

4. Litter-control: Will be implemented and enforced by the project proponent or BLM. Trash containers shall remain covered, must be raven-proof, and emptied frequently enough to prevent overflow of materials. Trash, litter, project debris, etc. shall be transferred to a designated solid waste disposal facility. Vehicles hauling trash must be secured to prevent litter from blowing out along the road.

5. Tortoise mortality/injury: BLM wildlife staff (702/515-5000) and the Service (702/515-5230) must be notified of any desert tortoise death or injury due to the project implementation by close of business on the following work day. In addition, the Service’s Division of Law Enforcement shall be notified in accordance with the reporting requirements of this biological opinion.

6. Tortoise activity: The period of greatest tortoise activity is generally defined as March 1 – Oct 31.

However, unseasonably warm weather and/or precipitation outside this period may result in tortoise activity, particularly by hatchling and juvenile tortoise, and thus warrant adherence to requirements established for periods of greater activity. Similarly, BLM may determine that additional measures are appropriate for projects planned for the end or beginning of either period if conditions are suitable for desert tortoises to be active.

7. Education Program: BLM or their designee shall present a tortoise education program to all foremen, workers, permittees and other employees or participants involved on projects covered under this opinion. The program will consist of either a presentation or fact sheet as determined by project level consultation between BLM and the Service. The program or fact sheet will include information on the life history of the desert tortoise, legal protection for desert tortoises, penalties for violations of Federal and State laws, general tortoise activity patterns, reporting requirements, measures to protect tortoises, terms and conditions of the biological opinion, and personal measures employees can take to promote the conservation of desert tortoises. The definition of "take" will also be explained. Workers and project associates will be encouraged to carpool to and from the project sites. Specific and detailed instructions will be provided on the proper techniques to capture and move tortoises which appear onsite if appropriate, in accordance with Service-approved protocol.

Currently, the Service-approved protocol is Desert Tortoise Council 1994, revised 1999.

8. Tortoise in harm’s way: If a tortoise is found within the project/activity site in harm’s way, all potentially harmful activity shall cease until the tortoise moves or is moved out of harm’s way by an authorized biologist. If a desert tortoise is in imminent danger, the tortoise shall be moved out of harm’s way and on to adjacent BLM land, using techniques described in the tortoise education program.

9. Moving tortoises: Tortoises that are moved offsite and released into undisturbed habitat on public land, must be placed in the shade of a shrub, in a natural unoccupied burrow similar to the hibernaculum in which it was found, or in an artificially constructed burrow in accordance with the tortoise handling protocol. Tortoises encountered shall be treated in a manner consistent with the appropriate measures in this biological opinion.

10. Permits: All appropriate State and Federal permits, including NDOW and Service permits for handling desert tortoises or their parts, must be acquired by the tortoise biologists or other personnel before project initiation and prior to handling any desert tortoise or their parts, or conducting any activity requiring a permit.

11. Project oversight: A BLM representative(s) shall be designated who will be responsible for overseeing compliance with the reasonable and prudent measures, terms and conditions, reporting requirements, and reinitiation requirements contained in this biological opinion. The designated representative shall provide coordination among the permittee, project proponent, BLM, and the Service.

12. Desert tortoise burrows: Will be avoided whenever possible; if not, the burrow will be cleared in accordance with the measures set forth in this biological opinion.

13. Heat stress: Desert tortoises encountered experiencing heat stress will be placed in a tub, by an authorized tortoise biologist, with one inch of 76-90ºF water for at least 20 minutes or until heat stress symptoms are no longer evident.

14. Temperature restrictions: Desert tortoises shall be treated in a manner to ensure that they do not overheat, exhibit signs of overheating (e.g., gaping, foaming at the mouth, etc.), or are placed in a situation where they cannot maintain surface and core temperatures necessary to their well-being.

Desert tortoises shall be kept shaded at all times until it is safe to release them. No desert tortoise shall be captured, moved, transported, released, or purposefully caused to leave its burrow for whatever reason when the ambient air temperature is above 95ºF (35ºC). Ambient air temperature shall be measured in the shade, protected from wind, at a height of 2 inches (5 centimeters) above the ground surface. No desert tortoise shall be captured if the ambient air temperature is anticipated to exceed 95ºF (35ºC) before handling and relocation can be completed. If the ambient air temperature exceeds 95ºF (35ºC) during handling or processing, desert tortoises shall be kept shaded in an environment that does not exceed 95ºF (35ºC), and the animals shall not be released until ambient air temperature declines to below 95ºF (35ºC).

15. Reporting: The project proponent, permittee, or project lead if an internal action, must submit a document to BLM wildlife biologist within 30 days of completion of the project showing the number of acres disturbed, remuneration fees paid, and number of tortoises observed or taken, which includes capture and displacement, killed, injured, or harassed by other means, during implementation of programmatic actions.

16. Project boundaries: Project activity areas will be clearly marked or flagged at the outer boundaries before the onset of construction. All activities shall be confined to designated areas.

Proposed Measures for Actions Involving New Ground Disturbance:

17. Blading of vegetation: Will occur only to the extent necessary and shall be limited to areas designated for that purpose by BLM biologist.

18. Fees: Prior to issuance of authorization, and prior to any surface-disturbing activity associated with the proposed project, the project proponent shall pay a remuneration fee of $843 for each acre of surface disturbance if paid prior to March 1, 2015. This rate will be indexed annually for inflation based on the Bureau of Labor Statistics Consumer Price index for All Urban Consumers (CPI-U).

Information on the CPI-U can be found on the internet at http://stats.bls.gov/news.release/cpi.nr0.htm. An exception is made if the disturbance for the project is less than 0.25 acre of disturbance or for activities that result in a long term benefit for the species (e.g., trail realignment to minimize habitat impacts).

19. Notification: The project applicant/BLM lead shall notify BLM wildlife staff at least 10 days before initiation of the project. Notification shall be made to BLM’s wildlife staff representative responsible for NEPA review of the project at (702) 515-5000.

20. Clearance: Once the project area is surrounded by temporary fencing, the work area will be cleared by a BLM biologist no more than 3 days before the start of ground disturbance using 100-percent coverage survey techniques. Clearance will involve flagging avoidable burrows; collapsing unavoidable, unoccupied burrows; and relocating tortoises in accordance with the Service-approved protocol for handling desert tortoises (Desert Tortoise Council 1994, revised 1999).

Additional Minimization Measures:

21. The project area will be enclosed with temporary tortoise fencing to ensure that no tortoises or other wildlife are able to enter the work area. Fencing will be installed during the tortoise inactive season.

Attachment 1

SECTION 7 LAND DISTURBANCE FEE PAYMENT FORM

Biological Opinion File Number: 1-5-04-F-526

Biological Opinion Issued By: Nevada Fish and Wildlife Office, Reno, Nevada

Species: Desert Tortoise (Gopherus agassizii) (Mojave population)

Project Name: Red Rock Visitor Center Well Head and 4” Waterline Replacement

NEPA #: DOI-BLM-NV-S020-2015-0009-EA

Case File/Serial #:

BLM Sec 7 log: NV-052-16-004

Project Proponent: BLM

Phone Number:

Payment Calculations:

Clark_________________ County

County

County

Critical habitat

Non-critical habitat

Critical habitat

Non-critical habitat

Critical habitat

Non-critical habitat

# acres anticipated to be disturbed on federal land 2.3

Fee rate (per acre)

Total cost/habitat type (per county) $ - $ 1938.90 $ - $ - $ - $ - Total cost per county $ 1938.90 $ - $ - Total payment required (all counties): $ 1938.90

Amount paid: Date: Check/Money Order #:

Authorizing agencies: Bureau of Land Management, Las Vegas, Nevada

Make check payable to: Bureau of Land Management

Deliver check to:

Physical Address

Bureau of Land Management

Attn: Information Access Ctr

1340 Financial Blvd.

Reno, NV 89502

Credit Card Payments: Contact BLM State Office Public room at 775-861-6500

For BLM Public Room

Process check to:

Contributed Funds-All Other

Please provide a copy of this completed payment form and the payment receipt to NV- 930, Attn: T&E Program Lead

WBS: LVTFFX000800

7122 FLPMA

All other Res. Dev. Project and Management

**T&E Program Lead will provide a copy to the appropriate District Office(s) Remarks: LLNV934000 L71220000.JP0000 LVTFFX000800 Desert

Tortoise Conservation Program