United States Department of the Interior Bureau of Land Management Environmental Assessment DOI-BLM-CA-D080-2018-003

United States Department of the Interior Bureau of Land Management

Environmental Assessment DOI-BLM-CA-D080-2018-003

October 2017

CalNev Pipeline Dig JT-34440 and JT-38470

Locations: JT 34440 (Latitude 35.084584, Longitude -116.377071; T.12 North, Range 6 East, Section 32, NE1/4, Dunn Meridian,)

JT 38470 (Latitude 35.09392141, Longitude -116.30806993; T.12 North, Range 6 East, Section 26, NE1/4, Cave Mountain Meridian)

San Bernardino County, California

Applicant/Address: Kinder Morgan Energy Partners 110 W Town and Country Road, #600 Orange, CA 92868

Bureau of Land Management Barstow Field Office 2601 Barstow Road Barstow, CA 92311 Phone: (760) 252-6000 Fax: (760) 252-6098

Environmental Assessment DOI-BLM-CA-D080-2018-0003 CalNev Pipeline Dig JT 3 4440 and JT 38470

CHAPTER 1 INTRODUCTION AND NEED FOR THE PROPOSED ACTION

INTRODUCTION

Kinder Morgan Energy Partners (KMEP) proposes to conduct inspection activities at two pipeline locations (JT 34440 and JT 38470) on a portion of the existing CalNev Pipeline in San Bernardino, California, also referred to as the Proposed Action (Project).

KMEP has an existing right-of-way with the Bureau of Land Management (BLM) (Serial No. CALA-0168999). The work is proposed within the existing lease holder’s right-of-way and no work would occur outside of the existing right-of-way width of 50 feet.

The current proposed ground disturbance would be performed on public lands located at Latitude 35.084584, Longitude -116.377071 for JT 34440 , and Latitude 35.09392141, Longitude -116.30806993 for JT 38470 (see Figure 1). A third location, JT 38100 (Latitude 35.09104, Longitude -116.31379577) was originally included in this report but was subsequently removed when it was found to occur entirely within private land.

The Proposed Action will consist of minor excavations at two locations to perform the inspections of the buried 8-inch pipeline. Once excavated, the pipe coating would be removed and a sleeve or a pipe wrap would be installed as needed. The pipe coating would be replaced and the excavation area would be backfilled. The minor excavations (potholing and trenching) would occur in soils previously disturbed during initial pipeline installation activities.

The soil piles (approximately 10 feet by 10 feet) and staging areas (approximately 15 feet by 20 feet) will be adjacent to the excavation areas (approximately 8 feet by 10 feet). The total area of disturbance (including the excavation areas, soil piles, and staging areas) for the two pipeline locations is approximately 0.066 acres.

PURPOSE AND NEED FOR THE PROPOSED ACTION

The purpose of the Proposed Action is to maintain the existing pipeline conveyance system for public safety, protection of the environment, and operation of its facilities in compliance with applicable federal, state, and local laws and regulations.

The need for the Proposed Action is to perform inspections and maintenance of the buried pipeline in order to confirm the integrity of the pipe and prevent future leaks or ruptures in the line. CONFORMANCE WITH BLM LAND USE PLAN(S)

The Proposed Action is subject to and is in conformance with the Desert Renewable Energy Conservation Plan (DRECP) (2016), which amended the California Desert Conservation Area (CDCA) Plan of 1980 and the West Mojave Plan (2006) (CEC et al., 2016; BLM, 1999; and BLM, 2006). The BLM is amending the 1980 California Desert Conservation Area (CDCA) Plan (USACE, 1980). The amendment activities are being conducted part of as the West Mojave Route Network Project (WMRNP) and include the Draft Supplemental Environmental Impact Statement (DSEIS), California Desert District (USDOI, 2015). The WMRNP specifically amends the decisions in the 2006 West Mojave (WEMO) Plan Amendment to the 1980 CDCA Plan for the planning and management of a transportation and travel network and livestock grazing on public lands within the West Mojave Planning Area. One of the two sites in the Proposed Action (JT34440) falls within USFWS designated Critical Habitat for desert tortoise and the Superior-Cronese Desert Wildlife Management Area (DWMA) (see Figure 2). The Proposed Action is subject to and in conformance with DRECP (2016) in accordance with Title 43 Code of Federal Regulations 1610.5-3. ADDITIONAL APPLICABLE STATUTES, REGULATIONS AND PLANS The Proposed Action would be consistent with the following, including as amended:

BLM Issue Relevant Authority Manual Adverse Energy Impacts E.O. 13211, as amended, 5/22/01 Energy Policy Act of 2005 (42 USC 13201) Air Quality & The Clean Air Act as amended (42 USC 7401 et seq.); MS 7000 Greenhouse Gas E.0. 3226, Evaluating Climate Change Impacts in Management Planning, 1/19/01 and WOIM 2008-171 Areas of Critical Federal Land Policy and Management Act of 1976 (43 MS 1617 Environmental Concern USC 1701 et seq.) Cultural Resources National Historic Preservation Act of 1966 as amended MS 8100 (16 USC 470) Archaeological Resources Protection Act of 1979

Floodplains E.O. 11988, as amended, Floodplain MS 7260 Management, 5/24/77 Invasive, Nonnative Lacey Act, as amended MS 1745 Species Federal Noxious Weed Act of 1974, as amended MS 6840 Endangered Species Act of 1973, as amended MS 9011 E.O. 13112, Invasive Species, 2/3/99 MS 9014 MS 9015 Land Uses Federal Land Policy and Management Act of 1976 (43 MS 1600; USC 1701 et seq.) MS 2800 et seq., MS National Environmental Policy Act of 1969 2472, MS 2920, MS 3600 et seq., MS 3891 et seq, MS 4120 et seq, MS 8370 et seq Migratory Birds Migratory Bird Treaty Act of 1918

Executive Order 13186, 1/10/01 Native American American Indian Religious Freedom Act of 1978 (42 MS 8100 Religious Concerns USC 1996) American Indian Religious Freedom Act of 1978 Native American Graves Protection and Repatriation Act, 1990 Indian Sacred Sites – EO 13007 Consultation and Coordination with Indian Tribal Governments – EO 13175 Threatened or Endangered Species Act of 1973, as amended MS 6840 Endangered Species Resource Conservation and Recovery Act of 1976 (42 Wastes (Hazardous or MS 9180 USC 6901 et seq.) Solid) MS 9183 Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq) Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended (42 USC 9615)

Water Quality Clean Water Act of 1987, MS 7240 (Groundwater or Safe Drinking Water Act Amendments of 1996, Surface Water) E.O. 12088, Federal Compliance with Pollution Control Standards (Amended by E.O. 12580, Superfund Implementation), 10/13/78, 2/23/87 E.O. 12372, Intergovernmental Review of Federal Programs, 7/14/82 Wetlands/Riparian E.O. 11990, Protection of Wetlands, 5/24/77 MS 1737 Zones Wild and Scenic Rivers Wild and Scenic Rivers Act as amended (16 USC 1271) MS 8351 Omnibus Public Land Management Act of 2009 (HR 146/PL 111-011) Wilderness Federal Land Policy and Management Act of 1976 (43 MS 8500 USC 1701 et seq.) Wilderness Act of 1964 (16 USC 1131 et seq.) CalIfornia Desert Protection Act of 1994 (Title1, Sec. 104(a)) California Desert Conservation Plan of 1980 (Wilderness Element, Goal #1), Omnibus Public Land Management Act of 2009 (HR 146/PL 111-11)

CHAPTER 2 DESCRIPTION OF ALTERNATIVES

INTRODUCTION This Environmental Assessment (EA) focuses on the Proposed Action and No Action alternatives. No potential impacts have been identified that cannot be mitigated to below a level of significance; therefore, there are no issues to resolve through other action alternatives.

PROPOSED ACTION

KMEP proposes to conduct inspection activities at two pipeline locations (JT 34440 and JT 38470) on a portion of the existing CalNev Pipeline in San Bernardino, California, also referred to as the Proposed Action.

KMEP has an existing right-of-way with BLM (Serial No. CALA-0168999). The work is proposed within the existing lease holder’s right-of-way, no work would occur outside of the existing right-of-way width of 50 feet.

The current proposed ground disturbance would be performed on public lands located at Latitude 35.084584, Longitude -116.377071 for JT 34440 and Latitude 35.09392141, Longitude -116.30806993 for JT 38470.

The legal descriptions for the pipeline activities locations (see Figure 1) are as follows:

● JT 34440 is located at Township 12 North, Range 6 East, Section 32, NE1/4, Dunn Meridian; and JT 38470 is located at Township 12 North, Range 6 East, Section 26, NE1/4, Cave Mountain Meridian.

To perform the inspections of the buried 8-inch pipeline, the Proposed Action will consist of two minor excavations at the two locations, as follows:

● First Minor Excavation. The first minor excavation will be to pothole the pipeline to identify the closest girth weld location. By identifying the location of the girth welds, the target feature can be more accurately located.

● Second Minor Excavation. The target feature will be excavated to slightly below the depth of the pipeline to allow for the inspection of the pipeline at the target feature location. An area with approximately 8 feet by 10 feet would be excavated to a depth of 4 feet below ground surface.

Once excavated, the pipe coating would be removed and a sleeve or a pipe wrap would be installed as needed. The pipe coating would be replaced and the excavation area would be backfilled.

The minor excavations (potholing and trenching) would occur in soils previously disturbed during initial pipeline installation activities. Spoils from excavation activities would be stockpiled in a mound adjacent to the proposed trench in an area approximately 10 feet by 10 feet.

The excavations would be covered if left open overnight. Covers will be secured in place and will be strong enough to prevent livestock or wildlife from falling through and into an excavation.

KMEP will provide for the safe egress/ingress of the public to and from the right-of-way at the excavation locations. This includes, but is not limited to, providing barricades to open excavations. KMEP will restore the site to approximately the original contour.

Proposed field activities would be completed by up to 10 personnel in approximately 3 days per location. Equipment used to complete the activities would consist of approximately 4 pickup 1 trucks, a backhoe, and a Non-Destructive Examination (NDE) truck. Two pickup trucks would tow additional equipment to the work areas: one truck towing a compressor and one truck towing a portable sanitation facility. Vehicles would be equipped with rubber tires. The requested access routes utilize existing roads which do not require improvements and would experience no change in their current use.

Work site JT 34440 would be accessed using the Afton Road exit from Interstate 15 (I-15) to Arrowhead Trail (two-track road) where crews would travel east approximately 3.5 miles along Arrowhead Trail until reaching the general work area. Parking would be along Arrowhead Trail and off-trail overland travel 100 feet north would be required to access the work area. Work site JT 38470 would be accessed using the Afton Road exit from I-15 to Arrowhead Trail where crews would travel east approximately 6.5 miles to the existing Powerline Access Road (two-track road). Crews will follow Powerline Access Road south approximately 0.15 miles to the right-of-way (ROW), turning east to JT 38470 (approximately 0.10 miles). Parking will be along the ROW near the work area. NO ACTION The No Action Alternative would mean the applicant would not be allowed to excavate the buried 8-inch pipeline for inspection at two locations. Under the No Action Alternative, the proponent would not be able to confirm or deny the necessity to conduct minor activities at the two identified locations that would maintain the integrity of operating the existing pipeline conveyance system.

1 Non-Destructive Examination (NDE) is a term used for several different types of inspection. Typically, NDE trucks are used to conduct Magnetic Particle Inspection, Ultrasonic Inspection, Liquid Penetrant Inspection, and Phased Array Ultrasonic Testing to evaluate the integrity of the pipe at the predetermined locations. 7

CHAPTER 3 AFFECTED ENVIRONMENT

INTRODUCTION AND GENERAL SETTING 3.1 Introduction The affected environment was identified and analyzed by a CH2M team of environmental resource specialists, and reviewed and documented by the BLM Barstow Field Office Interdisciplinary Team (see Table 5.2). Resources that would not be affected by the Proposed Action are provided in Table 3.1 and not discussed further in this document. Table 3.1 Environmental Resources Not Present in the Proposed Action Area

Resources Area Reason No Additional Analysis Conducted

No disproportionately high or minority/low-income Environmental Justice populations have been identified in the Proposed Action area. The location of the Proposed Action is on public lands under the jurisdiction of the BLM. KMEP has a right of way for CALA-0168999, the existing 8-inch petroleum Existing Land Uses and pipeline on which the Proposed Action would occur. No Authorizations impacts to existing land uses and authorizations are anticipated because the work is consistent with the existing use and would be conducted consistent with maintaining the existing facilities.

Farmlands (Prime or The Proposed Action area is not located within Prime or Unique) Unique farmland.

The Proposed Action area is not located within a Floodplains floodplain.

The Proposed Action area is designated as Class L (limited) in the CDCA Plan (1980). Class L (Limited Use) areas contain sensitive natural, scenic, ecological, Land Use Planning and cultural resource values.

Existing facilities within designated utility corridors may be maintained and upgraded or improved in accordance with existing rights-of-way or by amendments to

right-of-way grants. The Proposed Action is consistent with the CDCA Plan Lands with Wilderness No lands with wilderness characteristics occur within the Characteristics Proposed Action area. Minerals No active mining claims are located within 5-mile radius of the Proposed Action area. Native American No Traditional Cultural Properties were identified during Religious Concerns consultation with the Tribes. Recreation The Proposed Action area is not located within designated recreation areas, including Off Highway Vehicle (OHV) areas. Wetlands/Riparian Not present in the vicinity of the Proposed Action area. Wild & Scenic Rivers The Proposed Action area is not located within or adjacent to designated wild and scenic rivers.

Resources that would not be potentially impacted to a degree that requires detailed analysis are provided in Table 3.2 and are not discussed further in this document. Table 3.2 Environmental Resources Potentially Minimally Impacted in the Proposed Action Area

Resources Area Reason No Additional Analysis Conducted

Air Quality The Proposed Action is in an area of severe nonattainment for ozone and moderate nonattainment for PM10. The USEPA Final Conformity Rule requires that emissions of nonattainment and maintenance criteria pollutants and their precursors be considered in determining conformity. However, if a federal action meets de minimis requirements, detailed conformity analyses are not required, pursuant to 40 CFR 93.153(c). The applicable de minimis thresholds for the Proposed Action are 100 tons per year (tpy) for emissions of the O3 precursor pollutants (VOCs and NOx), and 100 tpy for PM10.

Due to the small scale and short duration of the construction activities, construction emissions of VOC and PM10 would be negligible compared to the general conformity de minimis thresholds. The Proposed Action would not have operational emissions nor would the

Proposed Action cause new violations or make the existing violations worse. Because the emissions from the Proposed Action will not exceed the de minimis levels as defined in 40 CFR 93.153 (b), the Proposed Action is determined to comply with general conformity requirements. Erosion No adverse erosion impacts are anticipated since the Proposed Action will occur at locations where the ground surface is generally level. Furthermore, trenching and stockpiling would be temporary in nature and the sites will be restored to the pre-construction grade. Fire Management The Proposed Action will require personnel to notify the fire department immediately in the event of a fire. Additionally, vehicles and equipment will be required to carry fire safety equipment. No smoking will occur outside of designated, cleared areas. Soils Soils in the Proposed Action area are generally sugar sand (a type of fine sandy soil) and loose, medium to larger grain sand with a mix of multi-sourced small to larger subangular and angular gravels and rocks.

The Proposed Action area does have soil conditions that would pose a potential hazard to equipment and vehicles traveling through sugar sand. The Proposed Action would require vehicles and equipment to carry safety gear to assist in the event vehicles and/or equipment are unable to pass or the extraction of vehicles incapacitated due to the presence of sugar sand on travel routes. Waste (Hazardous or It is anticipated that no hazardous materials would be Solid) encountered during the excavation. The Proposed action may transport, use, and dispose of amounts of petroleum product necessary to operate the vehicles and construction equipment. Waste produced during construction activities would be disposed at a permitted facility in accordance with federal and state laws. Excavation spoils would be stockpiled and used to backfill the excavation area. No temporary permanent effects from hazardous or solid waste are anticipated Wilderness The Soda Mountains Wilderness Study Area (WSA) and Cady Mountains WSA are the closest designated Wilderness or Wilderness Study Areas to the Proposed Action.

JT 34440 is located within the Soda Mountains WSA. JT 38470 is located outside of the Soda Mountains WSA (0.5 miles southeast of the Soda Mountains WSA boundary). JT 34440 and JT 38470 are located outside of the Cady Mountains WSA (approximately 4.5 to 5.0 miles north of the Cady Mountains WSA boundary). No impacts are anticipated to the WSA since the Proposed Action will be temporary for up to 3 days for each site. During construction, trenching and stockpiles, would be temporary in nature and the sites will be restored to the pre-construction grade; therefore, this element requires no further analysis. Visual Resources During the temporary maintenance activities, construction equipment and vehicles as well as materials and stockpiles would be present at each of the two sites and temporarily visible to the public. Construction is anticipated to last up to 3 days at each of the 3 sites. After the temporary maintenance activities are completed, excess waste would be hauled offsite to existing permitted waste facilities and the two sites would be restored to pre-construction grade. Construction vehicles and materials then would be removed from the site. No permanent impacts to visual resources are anticipated. Existing resources that could be impacted to a level requiring further analysis are described below and these resources are analyzed for potential effect in Chapter 4. 3.2 General Setting The Proposed Action is located in the Mojave Desert. The Mojave Desert comprises the southwestern quadrant of the Basin and Range physiographic province, a vast region dominated by rugged mountain ranges and alluvium-filled basins that extends from northern Nevada to Mexico and from the California's Sierra Nevada and southern coastal region eastward to central Arizona and Utah. Climate in the central Mojave Desert ranges from cold sub freezing winter nights to extreme hot summer days when temperatures well exceed 100 degrees Fahrenheit (F). Elevations in this subregion range from 900 feet to 3,200 feet. Mean average of rainfall for this area is 4 inches, but is highly variable from one year to the next. Desert air mass, regardless of temperature, contains little water vapor. Seasonal rainfall is quickly absorbed or evaporated by winds. Extreme drought conditions currently exist statewide and especially in this subregion.

Strong afternoon winds are very common. The lack of cloud cover increases solar radiation and heating of the desert air creating low pressure sinks. Prevailing wind direction is generally to the east or to the south-southwest. The Proposed Action is located within existing KMEP ROW in sparse creosote bush scrub. The proposed disturbance areas contain sparse vegetation and soils at each of the two work areas were disturbed during prior pipeline installation and/or maintenance activities. 3.3 Biological Resources 3.3.1 Vegetation (including special status plant species) The Proposed Action is located in sparse creosote bush scrub with creosote bush ( Larrea tridentata), white bursage (Ambr osia dumosa), desert trumpet ( Eriogonum inflatum), Mormon tea (Ephedra sp.), cheesebush (Hymenoclea salsola), fiddleneck (Amsinckia sp.), blue paloverde ( Perkinsonia florida), Wiggins’ cholla (Cylindr opuntia echinocarpa), mustard (Brassica sp.), and various grasses. The proposed disturbance areas contain sparse vegetation in each of the two work areas, which were disturbed during prior pipeline installation and/or maintenance activities. Potential sensitive species known to occur in the area include Emory's crucifixion-thorn ( Castela emoryi) and small-flowered androstephium (Andr ostephium breviflorum) (CDFW, 2017a). No sensitive species were observed during the biological resources reconnaissance field survey completed by CH2M on September 21, 2016.

Emory's crucifixion-thorn

Emory's crucifixion-thorn is a California Native Plant Society list 2B.2 sensitive species (rare, threatened, or endangered in California, but more common elsewhere - moderately threatened in California) (CDFW, 2017a). This species has no specific management prescriptions in the WEMO Plan Amendment.

This species is a leafless shrub or small tree and blooms from April until October, but mainly in June and July. The plant has unique crucifixion thorns that are visible year-round. It occurs in creosote bush scrub in washes and other sites where water accumulates (BLM, 2017a; CDFW, 2017a).

No Emory's crucifixion-thorn were detected during the September 2016 field reconnaissance survey.

Small-Flowered Androstephium

Small-flowered androstephium is a California Native Plant Society list 2B.2 sensitive species (rare, threatened, or endangered in California, but more common elsewhere - moderately threatened in California) (CDFW, 2017a). It is also treated as a sensitive species by BLM. This species has no specific management prescriptions in the WEMO Plan Amendment.

This species is a perennial herb. It occurs in creosote bush scrub and blooms in March and April. It is associated with open sandy flats and bajadas at low to moderate elevations (BLM, 2017b). Occurrences are known to occur within 5 miles of the Proposed Action (CDFW, 2017a).

No small-flowered androstephium were detected during the September 2016 field reconnaissance survey. However, the species is a perennial bulb and would not have been detectable during the reconnaissance survey.

3.3.2 Wildlife (including special status wildlife species)

The desert tortoise (Gopherus agassizii) is a Federal and State Threatened and Endangered (T&E) species is known to occur in the area and the Mojave fringe-toed lizard (Uma scoparia ) is a State Species of Special Concern and a BLM Sensitive species known to occur in the area (CDFW, 2017b).

Desert Tortoise

Desert tortoise is a Federal and State threatened species. This species occurs in desert habitat with friable soil for burrow and nest construction. It prefers creosote bush scrub with large annual wildflower blooms (CDFW, 2017b). Additionally, JT34440 is within USFWS designated Critical Habitat for desert tortoise and the Superior-Cronese Desert Wildlife Management Area (DWMA).

No desert tortoises or desert tortoise sign were detected during the September 2016 field reconnaissance survey, however, unknown burrows (occupants not determined during survey) were observed within the two work areas, including buffer, surveyed for biological resources.

Mojave Fringe-toed Lizard

Mojave fringe-toed lizard is a state Species of Special Concern and a BLM Sensitive species. This species is restricted to deposits of loose sand generally found in dune complexes, dry lake margins and the base of hillsides. It is also associated with windblown sands in creosote bush scrub (CDFW, 2017b).

No Mojave fringe-toed lizard or Mojave fringe-toed lizard sign were observed during the September 2016 field reconnaissance survey. 3.4 Hydrology and Water Quality 3.4.1 Surface Water There are no perennial watercourses within or that traverse through the Proposed Action area. Ephemeral drainages/dry washes with distinct and vertical side slopes were observed between parking and work areas at JT 38470 but not delineated during the September 2016 field reconnaissance survey. Additionally, it was observed during the September 2016 field reconnaissance survey that overland flow follows the JT 34440 access road and, once it leaves

13 the access alignment, heads toward the Proposed Action area. Ephemeral drainage flow and areas of standing water are intermittent (occurring only as a result of seasonal runoff). 3.4.2 Groundwater Groundwater in the area in the Proposed Action area is approximately 200 feet below ground surface. 3.5 Cultural Resources A Cultural Resources Assessment Report (CRAR) of the Proposed Action area was prepared in February 2017 for the Proposed Action (WSA, 2017). No evidence of archaeological sites or cultural properties were identified in the records search or during the February 2017 pedestrian survey of the Proposed Action area. In addition, no cultural soils or archaeological materials were observed or collected during the survey within the two locations during the pedestrian survey.

3.6 Cumulative Impacts

No past, present, or reasonably foreseeable projects occur within 5 miles of the Proposed Action area (BLM, 2017c).

CHAPTER 4 ENVIRONMENTAL IMPACTS

INTRODUCTION The Proposed Action and No Action alternatives have been analyzed in Chapter 4 to identify and assess direct, indirect, and cumulative impacts to the following critical elements of the human and natural environment:

PROPOSED ACTION Environmental resources that would not be affected by the Proposed Action are provided in Table 3.1. Environmental resources that would not be potentially impacted to a degree that requires detailed analysis are provided in Table 3.2. The environmental resources listed in Table 3.1 and Table 3.2 are not discussed further. 4.1 Biological Resources 4.1.1 Vegetation (including special status plant species) Emory's crucifixion-thorn No Emory's crucifixion-thorn was observed during the September 2016 field reconnaissance survey. Therefore, no impact to Emory's crucifixion-thorn are anticipated from the Proposed Action. Small-Flowered Androstephium Small-flowered androstephium was not observed during the September 2016 field reconnaissance survey. However, the survey was outside of the blooming season for the species. The Proposed Action area will affect an estimated 0.033 acres of potential habitat. A field survey for small-flowered androstephium will be conducted during the blooming season prior to implementation of the Proposed Action. The survey is to confirm the presence/absence of the small-flowered androstephium. In the event the small-flowered androstephium is observed in the identified work areas, avoidance, minimization, or mitigation measure(s), as determined in consultation with the BLM, will be implemented. Therefore, no adverse effect would occur due to implementation of the Proposed Action.

4.1.2 Wildlife (including special status wildlife species) Desert Tortoise Desert tortoise could potentially be killed or injured during field activities. KMEP will follow the conservation measures for desert tortoise as provided below. Therefore, no adverse impact to Desert tortoise are anticipated from the Proposed Action. DETO 1 - KMEP will employ Authorized Biologists approved by the BLM and Palm Springs Fish and Wildlife Office (PSFWO), and Biological Monitors, approved by an Authorized 15

Biologist to ensure compliance with protective measures for the desert tortoise. Use of Authorized Biologists and Biological Monitors will be in accordance with the most up-to-date Service guidance and will be required for monitoring of any construction, operation, or maintenance activities that may result in take of the desert tortoise. The current guidance may be found at: http://www.fws.gov/carlsbad/PalmSprings/DesertTortoise.html KMEP will provide the credentials of all individuals seeking approval as Authorized Biologists to the BLM. The BLM will review these and provide the credentials of appropriate individuals to the PSFWO and California Department of Fish and Wildlife (CDFW) for approval at least 30 days prior to the time they must be in the field. Project activities will not begin until Authorized Biologists have been approved. In addition to their other duties described above under General Conservation Measure 2, Authorized Biologists for desert tortoise will: a. Keep current with and implement the latest Service protocols, guidelines, and regulations pertaining to the desert tortoise; b. Be able to perform the tasks for their position as described in the Desert Tortoise Field Manual (USFWS, 2009) or most current Service-approved guidelines; and DETO 2 - Within desert tortoise habitat, Authorized Biologists will conduct pre-construction surveys of the project area including the right-of-way, staging areas, access routes, and all other construction sites. Authorized Biologists will survey the ROW for desert tortoises using techniques providing 100 percent coverage of the area proposed for disturbance. Additional transects will be conducted outside of the ROW on each side to locate desert tortoises and their burrows within 50 feet of the ROW. Transects will be no greater than 10 meters apart. If construction occurs during the Desert Tortoise (DETO) active season (March 1 through October 31), or when temperatures and environmental conditions are conducive to desert tortoise activity as determined by an Authorized Biologist, the survey will occur within 48 hours of surface disturbance. During the inactive season (November 1 through February 28), or when conditions are not conducive to desert tortoise activity as determined by an Authorized Biologist, one survey must occur within 72 hours of surface disturbance or up to five days in advance of disturbance if conditions are not favorable for desert tortoise activity. DETO 3 - All potential desert tortoise burrows located in the construction zone (i.e., area to be disturbed), will be excavated by an Authorized Biologist to allow removal of desert tortoises or desert tortoise eggs, where appropriate Unoccupied burrows will be collapsed or blocked to prevent desert tortoise re-entry. All handling of desert tortoises and their eggs and excavation of burrows will be conducted by an Authorized Biologist or Biological Monitor under direct supervision of an Authorized Biologist, in accordance with the most current Service approved protocol (currently the 2009 Desert Tortoise Field Manual). This includes searching for nests during surveys and contacting the PSFWO and appropriate State wildlife agency for instructions if unemerged hatchlings are located. DETO 4 - Desert tortoises located in the project area will be handled and relocated by an Authorized Biologist in accordance with the most current Service protocol. a. Desert tortoises excavated from burrows must be relocated to unoccupied natural burrows immediately following excavation. The artificial or unoccupied natural burrows must

occur 150 to 300 feet from the original burrow. Relocated desert tortoises will not be placed in existing occupied burrows. If an existing burrow that is similar in size, shape, and orientation to the original burrow is unavailable, the Authorized Biologist would construct one. b. Desert tortoises moved during inactive periods will be monitored for at least 2 days after relocation to ensure their safety. The Authorized Biologist would be allowed some judgment and discretion to ensure that survival of the desert tortoise is likely. The relocated desert tortoise will be monitored during construction activities to ensure that it settles into a shelter and does not return to the right-of-way. c. Desert tortoises located in the project area sheltering in a burrow during a period of reduced activity (e.g., winter), may be temporarily penned at the discretion of the Authorized Biologist. Desert tortoises should not be penned in areas of moderate or heavy public use. Penning will be accomplished in accordance with the 2009 Desert Tortoise Field Manual. Care will be taken to minimize visibility of desert tortoise pens by the public. An Authorized Biologist or Biological Monitor will check the pen at least daily and ensure that the desert tortoise is not pacing and that the pen is intact. Desert tortoises will not be penned for more than 72 hours without authorization from the PSFWO or when conditions are conducive to desert tortoise movement. All instances of penning or issues associated with penning will be reported to the PSFWO within 3 days. DETO 5 - All desert tortoise burrows and pallets that are located outside of but within 50 feet of the construction work area will be flagged; if occupied by a desert tortoise, the burrow will be temporarily penned in accordance with the 2009 Desert Tortoise Field Manual. Flagging or stakes will be used to protect desert tortoise burrows. a. No stakes or flagging will be placed on the berm or in the mouth of a desert tortoise burrow. b. Desert tortoise burrows will not be marked in a manner that facilitates poaching. c. Avoidance flagging will be designed to be easily distinguished from access route or other flagging, and will be designed in consultation with experienced construction personnel and authorized biologists. All flagging will be removed following construction activities. DETO 6 - The following measures will be implemented to minimize construction impacts to desert tortoises: a. To the extent feasible, work in desert tortoise habitat will take place outside the desert tortoise active season (March 1 through October 31). b. An appropriate number of Authorized Biologists and Biological Monitors will be present during construction to ensure that effects to desert tortoise are avoided and minimized. Authorized Biologists will be assigned to monitor each area of activity where conditions exist that may result in take of desert tortoises (e.g., clearing, grading, installing the pipe, backfilling, recontouring, and restoration activities). An Authorized Biologist will be assigned to each construction spread.

17 c. KMEP will fence the boundaries of the non-linear portions of the Project, such as staging areas, that will be in use between March 1 and November 30 and clear these areas of all desert tortoises prior to construction. Clearance and handling of desert tortoises will be conducted in accordance with the most current Service protocols. d. KMEP will confine all construction activities, project vehicles, and equipment to the delineated boundaries of construction areas that Authorized Biologists or designated Biological Monitors have identified and cleared of desert tortoises. KMEP will confine all work areas to the smallest practical area, considering topography, placement of facilities, location of burrows, public health and safety, and other limiting factors. KMEP will use previously disturbed areas whenever feasible. Cross-country vehicular travel outside of the right-or-way is prohibited unless approved by the BLM and the PSFWO. e. Any non-emergency expansion of activities into areas outside of those considered here will require BLM approval and desert tortoise clearance surveys. These expanded activities may require re-initiation of consultation with the PSFWO. f. Project personnel will exercise caution when commuting to the project area to minimize risk for inadvertent injury or mortality of species encountered on roads leading to and from the project site. Onsite personnel will carpool to the greatest extent possible. The contractors and employees will report all incidents directly to the Field Contact Representative (FCR) or an Authorized Biologist. g. Project personnel who are working outside fenced areas will check under vehicles or equipment before moving them. If project personnel encounter a desert tortoise, they will leave the vehicle in place and contact an Authorized Biologist or Biological Monitor. The desert tortoise will initially be left to move on its own. If it does not move within 15 minutes, an Authorized Biologist or Biological Monitor may remove and relocate the desert tortoise to a safe location. If the desert tortoise is found when ambient temperature is 55 degrees Fahrenheit or below or the ground temperature exceeds 95 degrees Fahrenheit, the Authorized Biologist will follow the handling procedures found in the protocols found in the Desert Tortoise Field Manual. h. An Authorized biologist or Biological Monitor will inspect all excavations that are not within desert tortoise exclusion fencing on a regular basis (several times per day) and immediately prior to filling of the excavation. If project personnel discover a desert tortoise in an open trench, an Authorized Biologist or Biological Monitor will move it to a safe location in accordance with the Desert Tortoise Field Manual. An alternate method to hand removal may be authorized by the PSFWO if personnel cannot safely enter the trench. i. At the end of each work day, the Authorized Biologist will ensure that all potential wildlife pitfalls (i.e., trenches, bores, temporary detention basins, and other excavations) have been backfilled. If backfilling is not feasible, all trenches, bores, temporary detention basins, and other excavations will be covered completely to prevent wildlife access, or fully enclosed with desert tortoise-exclusion fencing.

j. KMEP will use water for construction, operation, maintenance, and decommissioning (e.g., truck washing, dust suppression, heliostat washing, landscaping, etc.) in a manner that does not result in ponding, which attracts wildlife, including desert tortoises. An Authorized Biologist will be assigned to patrol each area being watered for dust-control immediately after the water is applied and at approximate 60-minute intervals until the ground is no longer wet enough to attract desert tortoises. k. When outside of the fenced project areas, project personnel will not move construction pipes greater than 3 inches in diameter if they are stored less than 8 inches above the ground until they have inspected the pipes for the presence of desert tortoises. As an alternative, KMEP may cap all such structures before storing them outside of fenced area. l. The storage and handling of hazardous materials will be excluded from the construction zone in areas within 100 feet of active desert tortoise burrows and wash crossings. m. If blasting is required in desert tortoise habitat, a Biological Monitor will be assigned to each blasting crew or area in which blasting would occur. Prior to any blast, a 500-foot area around the blast site will be surveyed for desert tortoises. Any individuals located above-ground will be relocated at least 500 feet from the blast site. Desert tortoises in burrows within 50 feet of the blast site will be relocated at least 150 feet away from the blast site to an unoccupied natural or artificial burrow. Burrows located between 50 and 150 feet away from the blast site must be flagged and stuffed with newspaper prior to the blast. The newspaper is to be removed immediately after the blast and burrows assessed for damage. n. Road maintenance and repair activities on existing access and/or patrol roads will be conducted outside the desert tortoise active season (March 1 to October 31), unless pre-construction clearance surveys are conducted by an Authorized Biologist and an Authorized Biologist is onsite monitoring the work. DETO 7 - The following project design features and protective measures will be taken to reduce the adverse effects associated with predation of desert tortoises by common ravens (Corvus corax) and other known predators of desert tortoise during construction and operations. a. During construction KMEP will: i. Contain all trash associated with the project that could serve as an attractant to predators in secure, self-closing receptacles to prevent the introduction of anthropogenic food resources for common ravens and other predators. Trash will be removed from the containers at least once a week; ii. Promptly remove and dispose of all animals killed on the project site or its access roads; iii. Use closed tanks to store water for all project site water needs to eliminate an open water source for common ravens. b. KMEP provide funds to the Services’ regional raven monitoring and control program to support the more comprehensive goals of that program. Pursuant to the comprehensive program guidance (Service 2010b) the amount paid by KMEP will be a one-time 19

payment of $105 per acre of impact in California and annual account maintenance fees to the National Fish and Wildlife Foundation (NFWF). Payment to NFWF will be coordinated with the Service and will be in place prior to the initiation of ground disturbing activities. c. In addition, KMEP will prepare a project-specific Raven Management Plan that identifies management and control measures to address raven activity along the Project. This plan will be approved by the Service prior to implementation of any Project activity that could impact desert tortoises. Some of the proposed components of the management plan include: i. Monitoring perching and roosting sites during construction. If ravens increase in the Project area, then either visual or physical bird deterrents may be installed. ii. Minimizing food sources during construction by limiting soil disturbance during construction and stabilizing disturbed areas. iii. Conducting breeding season nest surveys (i.e., at least half coinciding with active desert tortoise season). iv. Removing offending ravens at the cost of the applicant. v. Removing unoccupied raven nests prior to nesting season if ravens are observed nesting in Project structures for two consecutive breeding seasons. If the Project-specific measures of the Raven Management Plan are not effective in accomplishing goals (i.e., raven numbers are increasing beyond baseline conditions or results from monitoring detect congregations of more than five birds regularly roosting or perching on Project structures), then it will be revised in consultation with the Service and BLM. The Raven Management Plan is intended to provide qualitative and quantitative data to ensure that ravens do not pose a threat to desert tortoises from the Project. DETO 8 - Desert tortoise habitat impacted during project construction will be restored/revegetated accordance with the HRRP. DETO 9 - Weed management measures will be implemented in areas of desert tortoise habitat disturbed by construction or O&M activities as specified in the IWMP for the Project. Mojave fringe-toed lizard The Mojave fringe-toed lizard is unlikely to occur in the Proposed Action area due to the lack of loose windblown sands. In addition, the Proposed Action area does not occur within the Mojave fringe-toed lizard conservation area. No Mojave fringe-toed lizard individual or sign were observed during the September 2016 field reconnaissance survey. Therefore, no impact to Mojave fringe-toed lizard are anticipated from the Proposed Action.

4.2 Hydrology and Water Quality 4.2.1 Surface Water

An ephemeral/dry wash with distinct vertical side slopes runs between Arrowhead Trail and the work areas at JT 38470. To avoid new impacts while accessing this work area, crews would utilize the existing Powerline Access Road (two-track road) to cross over the wash and access the ROW near the work area. The Proposed Action would not change the drainage patterns and activities would be localized and temporary. The Proposed Action sites would be returned to pre-construction grade. Therefore, no permanent impact would occur. 4.2.2 Groundwater Expected excavation depth is approximately 4 feet, therefore, no impact to groundwater would occur. 4.3 Cultural Resources

As a result of the negative findings from site record search, tribal consultation, and the February 2017 pedestrian survey, the Proposed Action will have no foreseen impacts to known cultural resources. (Exhibit A; WSA, 2017). In the event, cultural resources are discovered during Proposed Action activities, avoidance, minimization, or mitigation measure(s), as determined by the BLM will be implemented. Therefore, no adverse effect would occur to cultural resources or Traditional Cultural Properties due to implementation of the Proposed Action. 4.4 Cumulative Impacts

No past, present, or reasonably foreseeable projects occur within 5 miles of the Proposed Action area; therefore, the Proposed Action would not result in cumulative effects. NO ACTION The No Action alternative would not meet the need to maintain the existing pipeline conveyance system for public safety, protection of the environment, and operation of its facilities in compliance with applicable rules and regulations. There would be no immediate environmental or cost impacts from the Proposed Action because it would be denied. However, maintenance is integral to sustaining the integrity of the pipeline. If the pipeline is not maintained, environmental effects could occur in the event of a rupture or other failure of the conveyance in the future depending on the nature of the event or events.

CHAPTER 5 PERSON, GROUPS, AND AGENCIES CONSULTED

Table 5.1. List of Persons, Agencies and Organizations Consulted Name Purpose & Authorities for Findings & Conclusions Consultation or Coordination National Historic Preservation Section 106 TBD Act and Native American BLM/SHPO consultation

List of Preparers

Table 5.2. List of Preparers BLM Preparers

Name Title Responsible for the Following Section(s) of this Document Joan Patrovsky Realty Specialist Right-of-way, staff coordination Lorenzo Encinas Natural Resource Biological Specialist Jim Shearer Archaeologist Cultural , SHPO and Tribal Consultation

Anthony Chavez Range Specialist Soil, Water and Air

Zack Pratt Recreation Branch Recreation and Wilderness, VRM Matt Toetihl NEPA Coordinator NEPA Review and Compliance

Non-BLM Preparers

Name Title Responsible for the Following Section(s) of this Document Nathan Lacy Kinder Morgan Energy Technical Coordination & Quality Control Partners Elizabeth Cutler CH2M Technical Coordination & Quality Control Ava Edens CH2M Author Cindy Salazar CH2M Author Joe Aguirre CH2M Author

References Bureau of Land Management (BLM). 1999. The California Desert Conservation Area Plan. 1980, as Amended. Bureau of Land Management, California Desert District, Riverside, California. Bureau of Land Management (BLM), County of San Bernardino, and City of Barstow. 2006. Final Environmental Impact Report and Statement for the West Mojave Plan, A Conservation Plan and California Desert Conservation Area Plan Amendment. Bureau of Land Management, California Desert District, Moreno Valley, California. Bureau of Land Management (BLM). 2017a. Crucifixion Thorn. March. Accessed at: https://www.blm.gov/ca/pdfs/cdd_pdfs/crucif1.PDF Bureau of Land Management (BLM). 2017b. Small-flowered Androstephium. March. Accessed at: https://www.blm.gov/style/medialib//blm/ca/pdf/pdfs/cdd_pdfs.Par.655eaca8.File.pdf/Androstep hium1.PDF Bureau of Land Management (BLM). 2017c. ePlanning Project Search. March. Accessed at: https://eplanning.blm.gov/epl-front-office/eplanning/nepa/nepa_register.do California Department of Fish and Wildlife (CDFW). 2017a. Special Vascular Plants, Bryophytes, and Lichens List. California Natural Diversity Database (CNDDB). March. Accessed at: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109383&inline. California Department of Fish and Wildlife (CDFW). 2017b. Special Animals List. California Natural Diversity Database (CNDDB). March. Accessed at: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109406&inline. California Energy Commission (CEC), Bureau of Land Management (BLM), California Department of Fish and Wildlife (CDFW), U.S. Fish and Wildlife Service (USFWS). 2016. Desert Renewable Energy Conservation Plan (DRECP). March. Available at: http://www.drecp.org/ U.S. Army Corps (USACE). 1980. California Desert Conservation Area (CDCA) Plan. U.S. Department of the Interior (USDOI). 2015. West Mojave Route Network Project Draft California Desert Conservation Plan Amendment and Supplemental Environmental Impact Statement for the California Desert District. January. U.S. Fish and Wildlife Service (USFWS). 2009. Desert Tortoise (Mojave Population) Field Manual (Gopherus agassizii). December . WSA, Inc. 2017. Cultural Resources Assessment Report; Kinder Morgan Energy Partners, L.P.Calnev Integrity Digs: JT 34440; JT 38100; JT 38470. February.

Figures Figure 1 - Proposed Action Location Figure 2 - Areas of Critical Environmental Concern and Critical Habitat

Availability of Document and Comment Procedures

This environmental assessment is herein posted on the Barstow Field Office NEPA website (www.blm.gov/ca/barstow) under information, NEPA. Electronic or hard copies of the EA are available upon request. This EA is open for a 30-day public comment period. Comments should be sent to the Barstow Field Office, 2601 Barstow Road, Barstow, CA 92311.

Freedom of Information Act Considerations (FOIA):

Public comments submitted for this environmental assessment, including names and street addresses of respondents, will be available for public review at the Barstow Field Office during regular business hours (8:00 a.m. to 4:30 p.m.), Monday through Friday, except holidays. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment – including your personal identifying information – may be made publicly available at any time. While you can ask us in your comment submission to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public inspection in their entirety.