B08_Attach_07_Appendix_I_-_LetterOfComp_PEPC_doc_(002).pdf

Letter of Compliance Completion – 124540 Page 1 of 6

National Park Service U.S. Department of the Interior

Sequoia and Kings Canyon National Parks

Date: 07/19/2024

Letter of Compliance Completion

To: Anthony Kowalski-Dewitt

From: Elizabeth Boerke, Branch Chief of Environmental Planning and Compliance

Subject: Completion of compliance analyses and consultations in accordance with NEPA, NHPA, and ESA:

Demolish and Remove Storm Damaged Grant Grove Ranger Operations Building (Building #1698) (PEPC:

124540) (PMIS: 332393)

The Superintendent has conditionally approved this project—as described below—subject to the mitigation measures—also listed below—which are assumed integral to project implementation, in compliance with federal resource protection laws. These mitigation measures shall be enforced via the contract. For complete compliance information, see PEPC Project 124540 within park records on the server at "SEKI Superintendent\Environmental Compliance Office\1.A.1 CE and EA Records_Closed Compliance".

Project Description

The failure of a large, three-foot diameter sugar pine during a November 2022 weather event, followed by January 2023 record snowfall in the Sierra Mountains, caused significant damage to the Ranger Operations Building (Quarters #1698) in Grant Grove, and the structure is now past the point of repair.

The destroyed roughly 2,000 square foot (SF) Ranger Operations Building was a three bedroom, two bath house located in the Lower Loop District of Grant Grove Historic District (non-contributing to the Historic District) that was converted to a makeshift ranger office in 2018 in order to provide workspace for two supervisory rangers, four patrol rangers, two EMT's, a wilderness ranger, and two seasonal employees supporting Visitor and Resource Protection needs; the previous location had become unsuitable for continued use. Notably, Quarters #1698 was not designed or constructed as a Ranger Office, was an incompatible use located in a residential area, its use as office space reduced housing availability in Grant Grove, and the structure was insufficient in size and design to support the full needs of Visitor and Resource Protection operations within Grant Grove.

This project proposes to remove the remains of the Grant Grove Ranger Office, Building 1698 and its associated shed. Demolition will be performed under a contract and will include complete removal of all appliances, plumbing, electrical, framing, windows and doors, roofing, flooring, concrete footings (approx. 250 linear feet by two feet wide and two feet deep) and slab (approximately 275 square feet by six inches deep), as well as the concrete steps and driveway (approximately 1000 square feet by six inches deep). Additionally, hazardous materials and soils will be removed (estimated at approximately 1550 square feet by 12 inches deep) and disposed out of park, and existing utilities will be capped in place. The fallen tree and root ball will also be removed, and the site will be regraded to remove safety hazards and resolve drainage issues, with some assumed importation of soils for regrading and a layer of duff (not straw) laid on the uppermost layer and re-seeded to prevent erosion.

Access to the project area will be along primary roads, and staging will occur at the site with construction fencing, primarily on paved or otherwise disturbed surfaces. Equipment will include dump trucks, trailers, backhoes, excavators, chain saws, jackhammers, and compaction equipment.

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The work is expected to take approximately 30 days and would ideally occur in fall 2024 but may be pushed back to spring 2025. Work hours will be limited to 0700-1900; weekend/holiday work is not expected.

Mitigation(s):

The following mitigations have been identified as integral components of project implementation and will be enforced via the contract that is issued for design and implementation of this project, particularly those identified with an * below.

General Requirements/Reporting

• The project leader is responsible for ensuring that the mitigation requirements are followed and that these measures are incorporated into any contracts for this project and implemented by the staff assigned to undertake the work.

• If, for any reason, mitigation measures cannot be accomplished due to budget or timeframe or there is a change in project scope or project leader, the project leader must contact SEKI's Compliance Office before proceeding with the project.

• A project completion summary must be submitted to SEKI’s environmental compliance office that outlines the scope of work completed, its timing and duration, and the mitigation measures (particularly those identified by category or individually with an * below) that were followed during implementation.

Any issues or deviations from the LCC must be noted.

• Notify the GIS/ Data Management Office (GIS Coordinator at 559-565-3725) upon project completion so that the park’s GIS records can be updated regarding the status of the facilities.

• If the area is rehabilitated after building removal, provide GPS coordinates of the perimeter of the affected area to the GIS/ Data Management Office upon project completion.

• Coordinate with SEKI Utilities (Josh_Adams@nps.gov) prior to demolition to identify existing lines.

• Contractors shall provide project drawing and as-builts, including where utility lines are capped.

Human Health and Safety*

• The contractor shall develop and implement a health and safety plan that identifies and appropriately mitigates all onsite hazards.

• Some materials within the building may contain hazardous substances such as lead and/or asbestos. For this reason, the contractor will be required to test for hazardous materials prior to implementation, and any positive findings will require proper abatement that is consistent with federal and state laws and policies (e.g., 29 CFR 1910, 29 CFR 1926, 24 CFR 35 subparts C and D, 40 CFR 61, 40 CFR 763), including those outlined in NPS RM 50B. This could involve dismantling the structure with power hand and manual tools in a manner that meets all state and federal regulations for abatement, including required PPE and required exposure monitoring, and bagging of materials for transportation in enclosed trailers to a facility licensed to receive hazardous waste. Proof of delivery of waste materials to the proper disposal facility will be acquired and provided to the NPS.

Acoustic Environment*

• Construction activities and similar noise-generating activities are limited to operating between 7AM and 7PM; no night time work is authorized. Avoid equipment use associated with high decibel noise generation before 9:00AM as the work occurs within a residential area.

Air Quality

• Control dust by periodic water sprinkling.

mailto:Josh_Adams@nps.gov

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• Adhere to the SEKI "no idling policy" whenever and wherever mechanically feasible; otherwise abide by California State vehicle idling regulations, e.g., 5-minute limit for heavy diesel equipment. This mitigation applies to vehicles as well as other power tools and engines.

Cultural Resources*

• The SEKI Inadvertent Discoveries Plan (IDP) will be provided to project management staff and contractors for their review, implementation, and awareness.

• Should construction activities or project work inadvertently reveal and/or harm a cultural resource, work will be halted in the area, the site will be secured, and the SEKI Cultural Resources Program Manager and 106 Compliance Coordinator will be immediately notified. These NPS staff will follow the SEKI Monitoring and Discovery Plan in accordance with 36 CFR 800.11 and/or the SEKI Inadvertent Discoveries Plan in accordance with 43 CFR 10 and 36 CFR 800.13. Construction may continue at the discovery location only after the process outlined in these plans are followed and all consulting parties (SHPO and affiliated Native American groups) determine that compliance with state and federal laws is complete.

Vegetation and Soils --- General

• No trees will be removed or injured (but for the fallen tree hazard) without prior approval of the CO in consultation with the SEKI Vegetation Management Program. Damaged trees will be treated and repaired in accordance with the practices specified by the National Arborist Association, the International Society of Arboriculture, or as directed by the SEKI Forester.

• During excavation activities, tree roots will be avoided where purpose and need of project are still able to be achieved. Any exposed tree roots will be preserved unless removal is necessary for the project to proceed and will be immediately covered with wet burlap and plastic and rewetted to keep roots moist until roots can be covered with dirt. Roots will be reburied as soon as possible.

• Surface restoration and revegetation of disturbed soils will be implemented to minimize long-term soil erosion into waterways. Re-seed disturbed sites as soon as possible following construction activities and put down a layer of pine/conifer needles on top of the seed, no deeper than 2 inches.* o Any imported material shall be shipped directly from the source to Sequoia Kings Canyon National Park without intermediary storage or staging. See other mitigations related to prevention of introducing non-native seed.

o Survey for and treat invasive plants prior to and one to three years after construction.

Vegetation and Soils --- Erosion Control*

• Apply appropriate measures during construction activities and monitor effectiveness to prevent sediment or construction-related runoff from entering wetland downslope from project area.

• Develop and implement a stormwater pollution prevention plan (SWPPP) that meets federal, state, and county standards. This includes ensuring that soils/sediments do not have an opportunity to enter any naturally occurring waterbody or storm drain system.

• BMPs for drainage and sediment control, as identified and used by the FHWA and NPS Stormwater Pollution Prevention Plan, will be implemented to prevent or reduce nonpoint source pollution and minimize soil loss and sedimentation in drainage areas. Use of BMPs in the project area for drainage area protection will include all or some of the following actions, depending on site-specific requirements:

o Keeping disturbed areas as small as practicable to minimize exposed soil and the potential for erosion.

o Locating waste and excess excavated materials outside of drainages to avoid sedimentation.

Letter of Compliance Completion – 124540 Page 4 of 6 o Installing silt fences, temporary earthen berms, temporary water bars, sediment traps, stone check dams, or other equivalent measures (including installing erosion-control measures around the perimeter of stockpiled fill material and/or covering stockpiled fill material) prior to construction.

o Conducting regular site inspections during the construction period to ensure that erosion-control measures were properly installed and are functioning effectively.

o Storing, using, and disposing of chemicals, fuels, and other toxic materials in a proper manner.

• At all cut and fill areas, erosion and sedimentation control will be implemented to minimize impacts on water quality.

• Sediment traps, erosion checks, and/or filters will be constructed above or below all culvert drains (if such drains are required) and in all other ditches before the water (runoff) leaves the project construction limits.

• Erosion control matting or equivalent should be installed in areas of disturbed/bare soil immediately following construction activities to prevent erosion of soils on site post demolition and before the area can be revegetated.

• Post demolition, any disturbed topsoil should be spread in as near the original locations; site will be graded primarily to natural contours (with the caveat of avoiding ponding onsite and ensuring positive drainage to locations of existing drainage channels), and soils raked so as to remove any tread from vehicles and other equipment.

Vegetation --- Prevention of the Introduction and Spread of Non-native Plants*

• Construction is limited to the existing disturbed area. No expansion of the existing disturbed footprint may occur from this project.

• Before moving vehicles or equipment to a new job site, visually inspect and clean the vehicles or equipment (including the undercarriage) thoroughly to remove all mud, dirt, and plant parts.

• Inspect, remove, and properly dispose of invasive plant seed and plant parts found on clothing, boots, tools, and other equipment. Disposal consists of removing the seed and plant parts from clothing and equipment, bagging the seeds and plant parts, and disposing in bagged garbage.

• Local staging areas outside the park must be inspected for invasive plants and authorized prior to use.

• Obtain all fill, rock, or other earth materials from the project area, if possible.

• Imported materials must come from an approved source.

o Soil will not be imported unless specific circumstances and sources are authorized by NPS Ecologist or designee.

o Sources of rock, sand, gravel, earth, subsoil, or other natural material must be inspected for noxious weeds prior to acceptance. Submit to the CO a list of proposed sources for import material that includes, material specification, end use, and any temporary storage requirements 14 working days prior to use. The CO, in consultation with a SEKI ecologist or their designee, will inspect sources of materials that pose a risk of establishing or spreading invasive plants. Materials may be rejected if non-native invasive plants are present at the source and seeds could be present in the material. At the discretion of the CO, potentially contaminated materials may be accepted if mitigating measures are implemented. Mitigation may include, but is not limited to, stripping the top 12 inches of source material or requiring fresh material stored less than one month.

Contaminated materials that contain fines and have an end-use on the surface will require mitigations or sterilization before importing to the park.

• Soil that is removed from areas of construction will be stored and covered for later reclamation use. The soil will be redistributed as near to the original location as possible and supplemented with scarification, mulching, seeding, and/or planting with native species. Soil can generally be moved down in elevation but not up in elevation. Specifically, soil will not be moved from areas below Eleven Range to areas above Eleven Range.

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• Ensure stockpiled fill or topsoil remains free of non-native plants at all times. This could be accomplished, for example, by entirely covering the topsoil material to prevent new seed from accumulating on its surface.

• Materials must also be transported and stored in authorized staging areas such that they will not acquire invasive non-native plant seeds from adjacent vegetation. If vegetation does become established on or at the toe of either import piles or storage piles, remove vegetation as directed by the CO. Store import material on plastic or fabric if in contact with bare ground, as practicable. The CO, in consultation with the SEKI Project Manager and a SEKI ecologist, will decide if a non-native plant is potentially invasive based on its presence on the Federal or California noxious weed list, the California Invasive Plant Council's weed list, the Sequoia Kings Canyon National Park weed list, or other sources of weed information.

• No hay or straw bales will be used during revegetation or for temporary erosion control. Straw products (i.e., "certified weed-free straw" and other straw products) are not authorized on project work sites due to the high risk of importing non-native plants and seeds. Instead, use an excelsior (aspen fiber) or coir (coconut fiber) product for erosion control, sediment filtration, or other needs. Coir or excelsior fiber logs and wattles need to be bound by coir netting or other naturally weed and weed seed free natural netting (no plastic).

Water Quality (See also vegetation and soils)

• Any cut vegetation shall not be left or stored below the ordinary high-water mark in wetlands or streams.

Wildlife - General

• Construction personnel are prohibited from feeding or approaching bears and other wildlife.

• All project staff will follow posted speed limits but will be directed to reduce their speed by an additional 5 mph during dawn and dusk. Be alert to animals crossing the road and slow down if observed.

• Report any wildlife collisions to SEKI Dispatch immediately.

• As feasible, road-struck wildlife will be rapidly removed from roads (i.e., move off to side of road or into shrubs/forest) so fishers and other wildlife are not killed while feeding.

• A SEKI wildlife biologist shall be notified/consulted when any wildlife must be disturbed or handled.

They will be available to assist with moving/relocating wildlife, when necessary; and/or to make recommendations for relocating any disturbed animals.

• Garbage, trash, and other solid waste associated with construction operations will be disposed of in bear-proof trash bins and disposed of weekly or sooner if warranted, outside the park. Bear proof trash bins or dumpsters must remain closed and locked at all times, including dumpsters with bars.*

• All food, including empty coolers, will be stored in bear-proof containers, or covered and placed in locked vehicles out of sight to ensure wildlife cannot see or obtain it. Spilled food will be cleaned up immediately.*

• The project site will be cleaned up at the end of each day the work is being conducted (i.e., trash disposed of/secured appropriately, scrap materials picked up) to minimize the likelihood of wildlife visiting the site.*

• If a bear loiters in the area, notify SEKI Dispatch immediately.

• If it is determined that vegetation removal is required and it must occur within the nesting season (All birds: March 15- July 31, Raptors: February 1- August 1), surveys for active nests and monitoring will be conducted by a qualified biologist hired by the contractor. In compliance with the Migratory Bird Treaty Act (MBTA) [16 USC 703], any active nest shall be left in place and undisturbed until the young hatch and depart. Any extensive vegetation removal during nesting season would be conducted with hand tools vs chainsaws unless specifically authorized.*

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• For any work involving trenching or digging holes, provisions (generally in the form of ramps; with a slope < 45°) must be made every 20-50' to allow for the escape of animals that may fall into these recesses, and/or they must be covered in such a way as to prevent animals (vertebrates) from falling in them.*

• Pipes and other such structures will be retrofitted with capping, screening, and/or escape ramps to avoid entrapment of wildlife.*

Wildlife --- Threatened and Endangered Species*

• Construction personnel will be taught how to identify fishers and potential den trees (using instructional handout materials provided by SEKI wildlife biologist).

• Construction personnel will contact a SEKI wildlife biologist immediately if a fisher is seen in or near proposed project activities. If a fisher is spotted within the construction sites, work shall stop until the animal moves on without disturbance unless ceasing work poses an undue safety risk to workers. If a fisher is spotted in a potential den tree, work will cease, and a SEKI wildlife biologist will be contacted to assess situation and contact US Fish and Wildlife Service for further guidance as needed.

• All construction fencing will allow for the safe passage of fishers and will not cause entrapment. For linear fencing, a minimum of 24" gap must be made approximately every 50' to allow for safe passage of fishers and other wildlife. If not feasible to achieve the purpose and need of the project, alternatives could be to raise fencing a minimum of 12" from the ground and have height no higher than 48".

• Use of heavy construction equipment is prohibited between March 1 and July 9 unless surveys are completed and no fisher are detected near the project area and no spotted owl are detected within 0.25 miles of the project site. If there is no evidence of these species, work could occur after June 1.

• Avoid creating noise of a higher decibel or distinctly different frequency than ambient noise (due to project activities or increased human presence) during the limiting operational period (LOP) for the fisher (March 1 to June 30) and spotted owl (March 1 to July 9). Exception: if no evidence of fisher presence (from camera surveys or telemetry), or owl presence within 0.25 miles, then LOP can be lifted on June 1.